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Emergency/Temporary Guardianship

An "Incapacitated Person" is “an adult individual who, because of a physical or mental condition, is substantially unable to provide food, clothing or shelter for himself or herself, to care for the individual's own physical health, or to manage the individual's own financial affairs"

Temporary Guardianship is an emergency proceeding. First, it is necessary when an individual is not taking care of himself or herself because of illness or injury. Second, there must also be an imminent threat to the health and safety of an incapacitated person, or an imminent threat that an incapacitated person's estate will be harmed.

In order for the applicant to qualify to be a guardian, he or she must convince the court that he or she:

  • is not under the age of 18;
  • is not also incapacitated;
  • is capable of prudently managing and controlling estate assets;
  • is not asserting an adverse claim against the proposed ward;
  • is not indebted to the proposed ward;
  • is not a party to a lawsuit in which the proposed ward is also a party;
  • is not unsuitable;
  • is not disqualified by a written declaration;
  • is not known to be a person whose conduct is notoriously bad;