What is an emergency guardianship?

An emergency guardianship is a form of guardianship that is put in place temporarily when an elderly person is in danger of harm and/or unable to make decisions about their own well-being. This type of guardianship is usually sought when a family member or friend believes that an elderly person is unable to care for themselves or make decisions surrounding their own safety. In California, an emergency guardianship is typically ordered by a judge and must be approved by the California Department of Aging. An emergency guardianship can give the guardian decision-making authority over the elderly person’s finances, health care, and other decisions that affect their life. This type of guardianship is only temporary, and the guardian is usually required to file periodic reports with the court and provide proof that their decisions are in the best interests of the elderly person. The guardian is also required to follow any instructions or limits set by the court in regards to their duties as the guardian. In some cases, an emergency guardianship can be extended beyond the initial order and made permanent. This type of guardianship is necessary to ensure that an elderly person is not taken advantage of or neglected, and that they receive the care and protection that they need.

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