What is an emergency guardianship?

An emergency guardianship is a legal guardianship that is granted by a court on a temporary basis. This type of guardianship is granted when a minor in Iowa is in need of immediate protection and care. The guardianship is made to protect the child from physical, emotional, or psychological harm. Emergency guardianship is typically ordered by a judge after speaking with parties involved in the case. The order can either be made on an emergency basis, which is an immediate order, or a temporary guardianship order, which is made with a shorter time frame. Once the order is granted, the guardian is appointed by the court to have legal authority over the minor, including the ability to make decisions regarding the minor’s education, medical care, and other needs. In an emergency guardianship situation, the court may impose additional restrictions on the guardian, such as prohibiting the guardian from taking the minor out of state, or changing the minor’s living or educational arrangements. The court may also order a mental health evaluation of the minor before the guardianship is granted. Emergency guardianships can be granted for a period of ninety days, with the possibility of an extension. During the ninety-day period, the court will review the situation and determine whether the guardianship should be continued, extended, or removed altogether.

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