The Court may appoint an emergency guardian when it appears that an individual lacks capacity, is in need of a guardian, and failure to make such an appointment will result in irreparable harm to the person and/or estate of the alleged incapacitated person (note the term “incompetent” is no longer used in guardianship matters). In seeking the appointment of an emergency guardian, a person or institution, such as a hospital or nursing home, files a Petition for the Appointment of an Emergency Guardian with the Court and a hearing is scheduled on the merits of the petition.
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