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Temporary Guardianships: Meeting Short-Term Needs

Posted by Anthony Serra | Jan 23, 2025 | 0 Comments

Scenario: My mother has dementia and lives alone. She is fiercely independent, stubborn as a mule and has no insight into her needs. It's now 5 degrees outside, freezing in the house because the furnace keeps breaking down (and my mother refuses to replace it) and my mom is living in squalor conditions. How do I protect my mom when she refuses all offers of help??

People who are Unfit or Unable to Manage their Own Affairs

All adults are presumed to be competent. However, that status can change if it can be proved to a judge that the person lacks the mental capacity to manage his or her own affairs. In such a case, the state's parens patriae authority can be used to have the person declared incapacitated and have a legal guardian appointed for the person.

What is a Temporary Guardianship?

A temporary guardianship grants a designated individual the authority to make decisions for another person for a limited time, typically in cases of emergency or transition. Examples include:

  • A parent living in an unsafe home where there is an immediate risk of serious injury or harm.
  • A parent undergoing emergency medical treatment.
  • An adult child needing to care for an incapacitated parent after an accident.

Benefits of Temporary Guardianship

  1. Flexibility: It addresses immediate needs without formally declaring the person incapacitated in a permanent sense.
  2. Efficiency: Authority to act can be obtained upon a showing of an emergent need, thereby eliminating the need for a full hearing on the issue of whether a permanent guardian is appropriate.
  3. Eases Transition: Ideal for emergency situations where long-term care solutions are still being arranged.

Legal Considerations

Temporary guardianships are time-bound and require court approval. They typically expire after a specified period unless extended by the court. Understanding state-specific requirements is crucial to ensure compliance.

Temporary guardianships provide families with peace of mind during challenging times, offering a compassionate yet practical legal solution to short-term caregiving needs in emergency situations.

As always, navigating legal matters can be complex and requires the guidance of competent legal counsel to protect your rights and interests.
Don't leave important matters to chance—retain reliable legal counsel to guide you every step of the way!

About the Author

Anthony Serra

Tony Serra is a passionate advocate, especially for the elderly, disabled and those of modest means who need the services of an experienced and caring attorney. For more than 30 years, Tony has been helping common, everyday folks navigate their way through life's turbulent waters. Through innovation and utilizing modern technology, Tony and his law firm are now able to offer quality legal services that at one time were prohibitively expensive, at a fraction of the cost. If you need basic legal services, such as a Will, Power of Attorney, Living Will, Special Needs Trust, real estate transactions, uncontested guardianship pleadings and much more, please visit our website and our SMART LAW legal services platform. You will be pleasantly surprised by what we offer and glad you did! Tony is also an experienced mediator and founder of the Conflict Resolution Center of NJ. Tony has specific training in family matters as well as elder law and contested guardianship and estate cases.  

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