Guardianship is typically required when individuals cannot consciously make their own decisions and require another reliable individual to make medical, financial, and other personal decisions on their behalf. This is specifically true when that person has not signed a power of attorney.
However, an emergency guardian is a forerunner to guardianship. They are legally appointed to the individual. This person is known as the ward. In typical cases, the wards are children. However, in emergency guardianship scenarios, the ward can be different.
This article dives deeper into this concept and what situations may call for emergency guardianship and an estate lawyer in Brooklyn and other areas of New York.
When Are Emergency Guardians Needed?
Guardians can be appointed due to several reasons in normal circumstances. However, appointing a legal guardian is a long process that may take weeks or months. For this reason, emergency guardianship is required in situations when the individual is incapacitated or severely ill to the point that they cannot make their own decisions. They need someone to make quick decisions until the new guardian is appointed.
For example, suppose an individual, also known as the ward, experiences an accident where they are incapacitated and physically and mentally unwell. In that case, they can have a guardian make decisions for them. This guardian can be court appointed and does not necessarily have to be a family or friend.
The emergency guardian makes decisions on behalf of the ward to ensure that their affairs are in order. They also ensure that the ward’s assets are not wasted or misappropriated until a legal and permanent guardian for the ward is appointed.
An emergency guardian is also appointed when there is a risk of harm to the ward. It must be legally shown that the ward may be at risk of developing a disease, injury, or even death if the guardian is not appointed.
Lastly, an emergency guardian may be court appointed when the ward has mentioned no one else to make decisions for them.
These situations for the requirement of an emergency guardian ensure that no other person takes up the responsibility of legal guardianship, even if they are a close relative. Hence, in doing so, the ward’s best interest is preserved.
How Are Emergency Guardianships Created?
Emergency guardianship is typically created in court, wherein they are informed of their duties and responsibilities to the ward. In some cases, the ward may appoint an emergency guardian themselves before an injury or disease occurs, for example, before their mental capacity declines.
An emergency guardian is normally appointed with the help of an estate law attorney Queens, Manhattan, and other areas of the State. The lawyer also guides the guardian in the decisions they have to make.
Let Ledwidge and Associates Help You!
It is always a good idea to appoint a legal guardian beforehand in case emergencies arise. Ledwidge and Associates can guide you and help you with the appointment of a legal guardian. Joseph Ledwidge probate lawyer Bronx help our clients every step of the way throughout our smooth and straightforward process.
Visit our website to learn more about it and book a consultation with us!
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