What is an emergency guardianship?

In California, an emergency guardianship is a legal process in which a court appoints an adult to make decisions for a minor child or child-like adult in an urgent situation. An emergency guardianship is necessary when there is an imminent risk of harm to the child or adult or when other arrangements cannot be made in a timely manner. To obtain an emergency guardianship in California, the court must find that the adult or child is in need of urgent protection or that the risk of harm is immediate. Additionally, the court must find that there is no other practicable way to protect the individual, such as through a court order or a less restrictive option. In such cases, emergency guardianship is the only recourse. Once the court has granted an emergency guardianship, the guardian will be given the authority to make decisions on behalf of the minor or adult regarding their personal welfare, health, education, and finances. The guardian will also be responsible for acting in the best interests of the individual they have been appointed to care for. It is important to note that an emergency guardianship is temporary. The court will continue to review the guardianship to determine if it is still necessary. If the risk of harm no longer exists or if there is a less restrictive option than guardianship, the guardianship will be terminated.

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