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Temporary/Emergency Guardianships and Conservatorships



Sometimes, a person is incapacitated or financially incapable and immediate action needs to be taken to address a serious danger to the person’s life, health, or estate. Most often, these situations involve a need for medical care or placement in a care facility because of an unexpected crisis. In these situations, the court can appoint a temporary guardian and/or conservator as soon as the day a petition is filed, with notice requirements adjusted to protect the individual.

A petitioner asking for a temporary guardian must provide clear and convincing evidence to the court that the respondent is incapacitated, there is an immediate and serious danger to the life or health of the respondent, and the welfare of the respondent requires immediate action. A petitioner asking for a temporary conservator must provide clear and convincing evidence to the court that the respondent is financially incapable, there is an immediate and serious danger to the estate of the respondent, and the welfare of the respondent requires immediate action.

The temporary guardian and/or conservator must be appointed for a specific purpose and can only be given powers for 30 days at a time. However, a temporary guardianship and/or conservatorship can be extended by the court and a temporary guardian and/or conservator is often later appointed as a permanent guardian and/or conservator.
If you believe your situation meets these criteria, please call us immediately. Temporary/emergency petitions can typically be filed within 1 business day after the client provides all necessary information.

The following are our rates for temporary/emergency guardianships and/or conservatorships (these rates include establishing a permanent guardianship and/or conservatorship to take effect when temporary authority ends):
  • $2,300 for an uncontested temporary/emergency guardianship, including all costs;
  • $1,600 plus actual costs (e.g. filing fees, court visitor fees, and bond premium) for an uncontested temporary/emergency conservatorship;
  • $2,200 plus actual costs for an uncontested temporary/emergency guardianship and conservatorship; and
  • Additional fees and costs at an hourly rate for any contested guardianship and/or conservatorship. Final cost in a contested guardianship and/or conservatorship will depend on the amount of time required to respond to the objection(s).