How to Obtain Emergency Guardianship over an Elder, Part Two

Welcome back. In our previous blog post, we talked about instances where an emergency guardianship might be needed for an elderly loved one. Today, our estate planning attorney in Cary NC will talk more about this situation.

Obtaining Emergency Guardianship of an Elder | Estate Planning Attorney in Cary NC

Another situation where an emergency guardianship may be sought is when an elderly person is being taken advantage of financially. Unfortunately, this is all too common among seniors. Family members or other loved ones a senior may trust will steal their income checks or talk them into signing checks or making withdrawals from their bank accounts. Some may even talk them into signing away property or other assets. When this is discovered by someone else, he or she can go to the court to prove that that the elderly person is being taken advantage of financially and offer to step in.

The process is different between the two. First, when the petition is made, the court must see that there is an immediate need and that the ward is in danger or hurting himself, or that someone else is putting him at risk in some way.

A standard guardianship requires notice to be given within seven days of the hearing, the court has the ability to act sooner if the situation is considered an emergency. A guardian can be appointed by court order for a maximum of 72 hours.

In both cases, a physician will have to declare that the ward is not able to make decisions for him or herself. As the one petitioning for guardianship, you would have to show that you have his or her best interests at heart.

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.

Missed our previous blog? Visit back with it to learn more about obtaining emergency guardianship of an elder.

Klish and Eldreth | Estate Planning Attorney in Cary NC

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 estate planning attorney in Cary NC to ensure that you are creating the best plan for your situation. 

As always, please contact us with any questions or concerns you may have concerning legal issues. Also, contact our estate planning attorney in Cary NC to schedule a consultation if you have yet to start estate planning. If you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. In addition to estate planning, our lawyer is here to help you with all your small business needs, trademarking, copyrighting, or DWI issues.

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