What is an emergency guardianship?

Emergency guardianship is a type of guardianship in North Carolina that is designed to provide prompt care for a minor or incapacitated individual. An emergency guardian is specifically appointed when it appears that immediate action is necessary to protect the person from harm due to incapacity or disability. In North Carolina, an emergency guardianship may be granted if the court finds that the person is disabled or incapacitated and the disability or incapacity creates a risk of substantial harm without the appointment of a guardian. The court will also consider if the person is unable to make basic decisions about his or her health and safety. The emergency guardianship will be in effect until the court has time to consider the appointment of a permanent guardian. An emergency guardian is usually appointed for a short period of time, depending on the circumstances. An emergency guardian is responsible for making decisions for the incapacitated person based on his or her best interests and for overseeing the safety and wellbeing of the ward. An emergency guardianship is not meant to be a permanent guardianship. It is temporary, often lasting just a few days or weeks, and only until a more formal guardianship arrangement can be established.

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What is an emergency guardianship?

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