How does “Emergency Guardianship” work?

A person may gain temporary guardianship of another person under appropriate circumstances. The most common cases of emergency guardianship occur when a person becomes incapacitated; a guardian is then needed to act on behalf of the person or his or her estate. The court will need to confirm that the person in question lacks capacity and is in need of a guardian. From that point, the temporary guardian will have duties and responsibilities that he or she must follow under state law. If the incapacitated person has already created a power of attorney, this can often alleviate the need for the court to appoint a guardian in the event of an emergency, as a power of attorney has similar powers to a guardian.