Becoming a guardian in an emergency
First look for a power of attorney, health care proxy or living will; if one exists, guardianship may not be needed. For medical decisions, many states let close family decide when there’s no proxy; ask the hospital social worker. If no one has authority and there’s an urgent risk, you can ask the court for emergency (temporary) guardianship, often with a doctor’s statement. Orders are short and limited, followed by a full hearing. Guardians must act in the person’s best interest and report to the court.
Your checklist
- Look for a POA or health care proxy
- Ask the hospital who can decide medically
- File for emergency guardianship if needed
- Know orders are short and limited
- Learn a guardian’s duties
- Get help and plan ahead next time
Rather read it? Here’s the whole thing.
Check for existing papers
A durable power of attorney, health care proxy (health care power of attorney) or living will may already name someone to decide. If so, use those instead of going to court.
Medical decisions
Many states have laws that let close family members make medical decisions for someone who can’t, when there’s no proxy. Ask the hospital’s social worker or patient advocate.
Emergency guardianship
If no one has authority and there’s an urgent risk to the person’s health, safety or money, you can petition the court (often probate or family court) for emergency or temporary guardianship. You’ll usually need evidence, like a doctor’s statement, showing the person can’t make decisions and harm is likely without quick action.
How it works
Emergency orders usually last a short time and cover only what’s urgent. The court then holds a full hearing to decide whether a longer guardianship is needed. The person has rights, including notice and often a court-appointed lawyer. Courts prefer the least restrictive option.
Duties
Guardians must act in the person’s best interest, keep their money separate, keep records, and file reports with the court.
Help
Court self-help centers, legal aid and elder law attorneys can help. If you suspect abuse or neglect, contact Adult Protective Services.
Plan ahead
Once things settle, encourage family members to sign powers of attorney and health care proxies while they can.
Official sources, and where to look
- Eldercare Locatoreldercare.acl.gov
- National Center for State Courts: guardianshipncsc.org
- Legal Services Corporation: free legal aidlsc.gov
[your county] probate court guardianship forms[your state] health care surrogate law
Common questions
How long does emergency guardianship take?
It can be granted quickly, sometimes within days, when there’s an urgent risk. Timing varies by court. More ›
Is guardianship the same as power of attorney?
No. A power of attorney is signed by the person in advance. Guardianship is ordered by a court when they can no longer decide. More ›
What is emergency guardianship?
A short-term court order giving someone authority to make urgent decisions for a person who can’t, when there’s an immediate risk of harm. More ›
What if my parent has no power of attorney?
For medical decisions, many states let close family decide. For money and other decisions, you may need to ask a court for guardianship. More ›
Who can make medical decisions without a health care proxy?
Many states have surrogate laws listing who can decide, often a spouse, adult children or parents. Ask the hospital about your state’s rules. More ›
How do I apply for emergency guardianship?
File a petition with the right court in your parent’s county, usually with a doctor’s statement. Court self-help centers and legal aid can help with forms. More ›
Know someone who needs this?
Not yet reviewed by an expert. Last checked 2026-10-29. This is general help, not legal, medical or professional advice. Rules are different in every state.