When a loved one suddenly loses their ability to make their own decisions, families often need immediate legal authority to step in. Emergency guardianship of an adult gives someone temporary legal authority to make urgent decisions related to a medically incapacitated adult’s health, safety, or finances.
Understanding how to obtain guardianship of an adult quickly is essential when minutes or hours, not weeks, matter. In New Jersey, this process generally requires you to present medical evidence to a court at a court hearing.
At Willis Law Group, we routinely help families navigate these high-pressure situations. Our practice focuses on elder law and estate planning, with extensive experience in guardianship matters.
We provide personalized one-hour initial meetings and consider proactive solutions before you arrive. We understand the importance of moving efficiently and effectively during emergencies.
What Is Emergency Guardianship of an Adult in New Jersey?
A guardianship is a legal relationship between two people in which a court appoints someone to make decisions on behalf of an individual who is unable to make them on their own.
Guardianships may involve minors, adults with disabilities, or older adults experiencing cognitive decline. Regardless, the intent of a guardianship is to protect someone who cannot safely manage critical aspects of their life.
In an adult guardianship, a court grants someone the legal authority to manage some or all of someone else’s personal, medical, or financial affairs.
The court typically grants guardianships only after the proposed guardian completes several formal legal steps and provides convincing evidence that the allegedly incapacitated adult cannot truly manage their own affairs.
In an emergency, the court bypasses some of the usual rigor of the guardianship appointment process to allow a guardian to step in quickly to protect the incapacitated adult.
Emergency guardianship generally lasts up to 45 days. The court can convert the emergency guardianship into a long-term guardianship, but the proposed guardian must first complete the formal steps required for non-emergency guardianships.
When the court appoints the guardian, it grants them authority to act on the incapacitated adult’s behalf. The specific powers the court grants the guardian depend on the circumstances that justify them.
What Powers Can a Guardian Have?
A guardian’s powers depend on what the incapacitated adult needs. In an emergency, the court grants only the authority needed to address the immediate crisis, such as authorizing the guardian to:
- Approve medical treatment or hospital transfers;
- Receive updates from doctors;
- Pay urgent bills such as rent or utilities;
- Stop unauthorized withdrawals or secure financial accounts;
- Change locks, safeguard property, or retrieve essential items; or
- Arrange safer housing or placement.
The guardian’s powers can last for as long as the guardianship does.
What Is an Emergency?
New Jersey courts approve emergency guardianship only if the proposed incapacitated adult faces an immediate and substantial risk of:
- Physical harm,
- Medical decline, or
- Significant financial loss.
Judges rely on evidence such as medical statements, hospital notes, bank records, and witness accounts to confirm the emergency.
Who Can File for Emergency Guardianship of an Adult?
You may qualify to be someone’s guardian if you can convince the court that being so is in their best interests. Guardians often include:
- Immediate family members, such as adult children;
- Spouses or domestic partners;
- Other relatives, including siblings, grandchildren, nieces, and nephews;
- Close friends or caregivers; or
- Agencies or institutions, when no appropriate family members are available.
You likely qualify to file if you are asking, How do I get guardianship of my father or mother?
How to Obtain Guardianship of an Adult in an Emergency
In urgent cases, New Jersey courts may review and grant emergency guardianship on the same day you file. The process of obtaining a guardianship for an adult generally involves gathering documentation of the incapacitated adult’s condition, preparing and filing documents with the court, and attending an emergency hearing.
1. Gather Medical Proof of Incapacity
To be appointed as a guardian, you must provide medical evidence such as:
- A physician’s certification of incapacity;
- A hospital statement from the treating doctor; or
- Medical records showing unconsciousness, disorientation, or an inability to communicate.
The evidence should identify in what ways the person is incapacitated, meaning how their current medical condition limits them.
2. Prepare Court Filings
Emergency filings must clearly explain the situation and justify why you need to be appointed guardian immediately. You and your lawyer prepare:
- A complaint or petition (legal paperwork) describing the emergency and the authority you request,
- Medical documentation establishing incapacity,
- A proposed court order for the judge, and
- A summary of the risks the adult faces if the court does not act.
Through your court filings, you explain the emergency to the judge so they understand why you need an emergency guardianship.
3. File Court Documents
Once you and your lawyer are happy with your documents, you file them. Your lawyer helps you ensure you select the correct court and complete the filing process properly.
4. Attend the Emergency Hearing
Emergency guardianship hearings are typically quick and can last as little as 10 to 20 minutes. The judge may ask:
- What exactly is the emergency?
- What immediate actions do you need to take?
- What evidence shows the adult is incapacitated?
- Why are you the appropriate person to serve as a guardian?
If the judge approves the request, the court issues temporary letters of guardianship, granting you the authority to make decisions and communicate with medical professionals on the incapacitated adult’s behalf. The temporary letters of guardianship are your legal authority to do so.
Contact Willis Law Group for Immediate Help
If your loved one faces a crisis and you need immediate guidance on emergency guardianship of an adult, Willis Law Group is here to help. We regularly handle urgent guardianship matters and understand the delicacy and complexity involved.
If you need help obtaining guardianship of an adult or support with filing for emergency guardianship, contact Willis Law Group today.
