Testamentary vs. Temporary Guardianship

Testamentary Guardianship

A parent can in a will appoint a guardian or indicate his or her preference for appointing someone as the guardian for a minor child or a disabled adult child requiring supervision. The court will determine if the appointed or preferred guardian is the appropriate choice.

Temporary Guardianship

The majority of states provide for a temporary guardianship, whose duration is for a time either specified by statutory language or by the court. The court can grant full or limited powers to a temporary guardian.

The law also provides for emergency guardianships. In emergency situations when someone is needed to give approval for emergency services being given to the person, an emergency guardian can be appointed by the court. The emergency guardian is generally appointed till the existence of the emergency situation. The court will look to see if the person is unable to take emergency decisions due to some mental or physical disability or incapacity or other reason and whether any other person can make the emergency decisions is available.

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