Guardianship allows a competent adult to provide support for someone who cannot manage their own affairs. Frequently, concerned family members and professionals in Michigan can gather evidence about challenging circumstances to pursue guardianship.
People dealing with cognitive decline due to age, medical conditions that cause dementia and other forms of incapacitation may require the support provided by a guardian or conservator. Occasionally, people do not have the luxury of waiting to see how the situation evolves.
Instead, a vulnerable adult may require support sooner rather than later. Pursuing an emergency guardianship can help people protect a person who unexpectedly requires the support of another adult.
When is emergency guardianship possible?
Emergency guardianship is potentially available anytime a person becomes incapacitated. People could pursue guardianship immediately after a car crash or stroke leaves a person in a coma. They could also initiate emergency guardianship proceedings when they become aware of the medical or financial challenges facing their loved ones.
The process begins with a petition submitted to the courts. The party seeking an emergency guardianship must also submit an affidavit outlining the reason for the petition. Typically, those seeking emergency guardianship have to present evidence to the courts that a person is incapacitated.
The courts provide service to the allegedly incapacitated individual, who can respond to the guardianship request. There is typically a hearing held promptly, as the need for support is often pressing. There is usually a guardian ad litem assigned to the vulnerable person to advocate on their behalf.
Provided that the courts agree that the guardianship is necessary, they can appoint a guardian to assume authority over the incapacitated person for up to six months. The purpose of an emergency guardianship is to ensure a person in a vulnerable position has the support they need.
Frequently, emergency guardianships may eventually lead to permanent guardianship proceedings. Those who have secured an emergency guardianship through the Michigan courts can begin preparing to seek more permanent authority if the situation does not improve.
Pursuing emergency guardianship can lead to better support for people in unusual situations who do not have durable powers of attorney in place. Those concerned about a vulnerable person may need help preparing for an emergency guardianship hearing, and that’s okay.