A legal guardian is a court-appointed person who makes the decisions on behalf of another person. These decisions can be personal, financial, or medical. Many people around the world don’t know what a legal guardian is. They have certain rights and duties that have been granted to them by the law. The other person in this regard is referred to as the ward, and it may be a child or an adult.
When it comes to emergency guardianship, it is formed when there is an emergency or urgent need of a guardian for the ward. The ward could be an adult or a child who might have incapacitated or debilitated because of any disease, illness, or injury. Or any other similar circumstances that will require a temporary guardian to take over.
How Is an Emergency Guardianship Created?
Emergency guardianships are created by a court when needed in any specific case or emergency. The court can appoint a guardian and list their responsibilities or duties related to their ward that the guardian is legally obliged to adhere to.
A person can appoint a guardian for themselves if they have the mental capacity to do so. If their mental capacity is declining, they can appoint a guardian to step in when the circumstances require. This can be added to a person’s living will or in legal documents like advance directives.
For children, if the parents are present, they will be the guardians. However, there is a need for a temporary guardian; they will have to designate such a person. If someone has sole custody or is a widow, they have to establish someone for their child’s temporary guardianship in case of an emergency. Often it is a relative or a close friend.
Duties of Emergency Guardian
Emergency guardian has duties that are related to the ward like their physical or mental health, medical conditions, hospital duties, medical appointments, financial issues, and other such duties.
Then, there are duties related to the ward’s property like any rent payments or financial transactions. Emergency guardianship is temporary and so, once the ward can make their own legal decisions, the guardianship will be terminated. After this, if the guardian has mishandled anything or insists on handling the ward’s affairs, they will be held liable.
Do I Need an Attorney for an Emergency Guardianship
Yes, a skilled, experienced, and knowledgeable attorney or family lawyer can assist you in the entire guardianship process. They can also help you add the guardianship provision clause in your will or in an advance directive. They can also represent you in court if necessary.
If you’re looking for an experienced family lawyer in Milwaukee, you can reach out to Vargas Law Office LLC. We can help you understand all the processes and what you will be agreeing to. Ronnie Vargas is a Spanish-speaking attorney.
So whether you’re looking for a business lawyer, mediator, family lawyer, or personal injury lawyer, you can reach out to us. For any information or queries, feel free to contact us or call us at 4147551770.