How to Obtain Emergency Guardianship over an Elder, Part One

When someone seeks guardianship over another person, there is generally time to go through the normal court proceedings. While the ward is in a situation where he or she needs protection or supervision it is generally not a dire situation.

Emergency Guardianship | Attorney in Raleigh NC

We discussed how to obtain a regular guardianship in the last post and explained what a guardianship entails, which is when the appointed person takes care of the overall needs of the individual, or “ward” that needs help with decisions regarding living arrangements, health and finances.

There are cases where someone is in medical or financial danger and needs to be protected right away. In those cases, an emergency guardianship must be sought. Sometimes they are only temporary, but some are given with the intention of becoming permanent.

There are many situations where an emergency guardianship may be needed, but there are two in particular when it pertains to the elderly, which is our focus in this post.

Many times the signs of dementia show themselves with time for someone to seek guardianship or make other arrangements for his or her elderly loved one. Sometimes, though, people wait until it is too late, or another medical issue arises that makes a loved one unable to care for herself at all. It could be the result of an accident or an illness such as a stroke.

 

If you are trying to protect your loved one from a financial emergency, then you must show that you do not have any interest in his or her finances, and that you have not been involved in any of their past financial decisions.

To learn more about obtaining emergency guardianship of an elder, be sure to visit back with our next blog post. Our attorney in Raleigh will be back with more information.

Klish and Eldreth, PLLC

When planning your estate, you may want to consider which assets are subject to probate and which are not so that you can make the best decisions in how you designate heirs. If you need additional help, reach out to our attorney in Raleigh NC to ensure that you are creating the best plan for your situation.

As always, feel free to contact us with any questions or concerns you may have about estate planning. Also contact us to schedule a consultation if you have yet to start estate planning. It's never too early to make plans for your wishes upon death. In addition, our lawyer is here to help you with all your legal matters, whether it be entertainment law, trademarking, copyrighting, or DWI issues.

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