The Importance of Emergency Guardianship
Emergency guardianship is an important and complicated part of elder law that can happen quickly. When a loved one experiences a medical situation that leaves them unable to make important decisions regarding their estate, they become a ward and the probate court will step in and assign an emergency guardian. The family can also petition the court to name one of them as the emergency guardian, but the process must take place quickly.
Once an emergency guardian is in place, there are many decisions that need to be made. Every family should discuss an emergency guardian situation and understand the importance of being ready for these types of crisis moments.
Protection Against Financial Exploitation
An emergency guardian is someone who is expected to understand the financial details associated with the ward and be willing to protect the ward’s best financial interests. When someone becomes incapacitated for any reason, it can be surprising how quickly that person’s estate can become victimized. A guardian is put in place to prevent the ward’s estate from being compromised by people from within and outside the family.
Emergency Medical Needs
If the ward does not have a medical proxy in place, then someone will need to be given the authority to make medical decisions on behalf of the ward. In some situations, the life of the ward can depend on assigning emergency guardianship as soon as possible to make those important medical decisions. Once again, this is done by the probate court but can be influence by the family if the family acts quickly.
Other Critical Decisions
When a person becomes unexpectedly incapacitated, it can have a ripple effect throughout their entire estate. Not only should there be concern about the ward’s health and finances, but important decisions such as paying the ward’s bills and taking care of any dependents are also going to require attention. When there is no legal entity in place to take care of these needs, the guardian steps in to make sure these details are taken care of.
The process of assigning an emergency guardianship happens quickly. The family is consulted, but it is often the probate court that makes the decisions if there is no other legal structure in place. If a family wants to have influence over the emergency guardianship process, then they need to hire an experienced attorney immediately and start filing the necessary paperwork. Contact our elder law attorneys at The Mattar Firm today.