What is an emergency guardianship?

Emergency guardianship is a court-ordered legal action in Virginia that allows someone to become the legal guardian of another person without the usual legal process. An emergency guardianship can be requested in a situation where there is an immediate or urgent need for another person to act on the behalf of the person in question, such as when the person is unable to make their own decisions due to injury, illness, or incapacity. In Virginia, a court may grant an emergency guardianship if it finds that the proposed guardian can handle the duties of a guardian, and that the person requiring the guardianship is in immediate physical danger or is facing the risk of significant financial harm. When an emergency guardianship is awarded, the court orders the proposed guardian to take immediate charge of the person’s care. This includes making decisions about their medical care, managing their finances, and living arrangements. Emergency guardianships in Virginia can be temporary or permanent, depending on the circumstances. In most cases, the court will order a full hearing within seven days of the emergency guardianship’s granting. At this hearing, the court will assess the need for the guardianship and decide if it should be terminated or continued.

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What is an emergency guardianship?

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