Plan For The Future With Confidence

Plan For The Future With Confidence

Can a guardianship be expedited in an emergency?

| Apr 15, 2021 | Elder Law

In Maryland, guardianships for older people who can no longer effectively oversee their own affairs are common. For those who have elderly parents or other relatives who need to be shielded from making mistakes that can be costly financially and personally, a guardianship can be essential. In many cases, the guardianship is not urgent, but simply needs to be done in a reasonable time-frame. However, there are some instances in which there is an emergency and the guardianship must be expedited. For such a situation, it is imperative to have legal assistance to speed the process.

How do I get an emergency guardianship?

If elderly people suddenly have issues managing their own affairs, family members might want to get an emergency guardianship. This could occur for many reasons such as a health problem, questionable decisions that can do them harm or a rapid and unexpected decline. To get an emergency guardianship, the requirements are akin to a conventional guardianship with the main difference being it is done faster. The interested person will petition the court for the guardianship. The circumstances could hinge on what is happening in real time. If the person is hospitalized, then it is important to discuss the case with the hospital staff.

The petition should have all the vital information including the person’s name, address and the relationship between the interested person and the person who will need to be cared for. The disability should be described in detail with the protective services the guardian will provide. It is also important to list the reasons for the emergency guardianship. That could include dangerous living conditions, the lack of capacity to make lucid decisions, or the absence of a person who has the authorization to give consent in the person’s stead. The person who is under the care of the guardian in an emergency will have the same rights as in a standard guardianship except there may be shorter deadlines and certain rights can be waived. They include right of attendance at a hearing and a shortened amount of time for notice of a hearing.

For help with a guardianship, it is useful to have professional advice

A guardianship can be useful when a person cannot take care of him or herself because of disability, age or illness. The court appoints the guardian and is judicious in deciding who has the immense responsibility. In emergency cases, there are requirements to get a guardianship and they must be understood. For people who need to speed the process of getting a guardianship or simply have questions they want answered, consulting with those who understand these matters may be helpful.