Emergency Guardianship

Emergency Appointment

The Court may appoint a guardian of the person only, estate only, or person and estate of an alleged adult incompetent person when the Court finds that an adult is mentally incompetent and the situation if life-threatending, or there is signitificant threat of a loss or damage of the individual’s personal property.

To appoint an emergency guardian for a minor, the minor must be facing an immediate medical emergency.

The Court may consider the information submitted by Applicant regarding the emergency on an ex parte basis, without notice to the ward or the ward’s family. 

  • If the Court determines the information justifies the emergency action, and also determines the applicant is suitable to serve, the appointment may be made.
  • The emergency guardian serves for a short period of time to protect the ward against significant injury to the person and/or the estate, if appropriate.

Refer to the Court’s Local Rules and Checklist (found below) for an outline of the procedural process.

Items necessary to file an Emergency Guardianship:

  • The ward must be a Shelby County resident;
  • The base court cost deposit is listed on Appendix A of the Local Rules of Court;
  • Complete the requirements listed in the Court’s Checklist found below;
  • TAKE NOTE OF THE TIME GUIDELINES OUTLINED BY STATUTE, LOCAL RULES OF COURT,  AND THE COURT’S CHECKLIST.

Frequently Asked Questions

What can be done if there is an Immediate Risk of Significant Injury to the Ward of the Ward's Property?

Under RC 2111.02(B) (3) an appointment of a guardian may be made by the Court in an emergency without notice to the individual (ward) or the family to serve only for a limited period of time and only for the protection of the ward from injury to the ward or the ward’s assets. There must be reasonably demonstrated certainty that immediate action is required to prevent significant injury to the person or estate of the minor or alleged incompetent person. When a need for the emergency guardian is determined to exist the Court may issue any order it considers necessary to prevent the threatened injury or mitigate the emergent situation.

Can the Emergency Guardianship be Extended?

The initial emergency appointment is effective only for a maximum of 72 hours. A copy of the Court’s order must be served upon the individual as soon as possible after it is issued. The emergency guardianship may be extended for an additional 30 days; see the Court’s Local Rules and Checklist.

What are the Powers of the Emergency Guardian?

The emergency guardian has only those powers set forth in the Court’s appointing order and those will be limited to the powers that are necessary to prevent the threatened injury to the individual’s person or property. The emergency guardian does not have the full powers held by a general guardian.

What if the Emergency Continues?

If there is a perceived need for a permanent guardian, an application for a full (or limited) guardianship should be commenced simultaneously with the filing of the emergency guardianship to permit timely processing and a full hearing before the expiration of the emergency appointment.

When does the Emergency Guardianship Terminate?

The emergency guardianship terminates on the earlier of the expiration of the effective period of the Court’s order (72 hours/30 days), the issuance of an order appointing a general Guardian for the individual, or upon other order of the Court.

Standard Probate Forms 

For all Standard Probate Forms click  here.

For Checklists and Forms exclusive to Shelby County Probate Court, see the forms section below.

court checklist and FORMS

Emergency Guardianship Checklist

Application for Appointment of Emergency Guardian

Affidavit of Indigency of Proposed Ward/Entry

Judgment Entry Appointing Emergency Guardian

Motion to Continue Appointment of Emergency Guardian

Waiver of Notice and Consent to Appointment of Emergency Guardian

Entry Setting Hearing on Second Motion to Extend Emergency Guardianship and Ordering Notice

Judgment Entry Continuing Appointment of Emergency Guardian

Affidavit of Service (of emergency orders)

Court Appointed Attorney Fees Application

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