Emergency Guardianship of an Adult

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

If an emergency guardian is appointed through an ex parte hearing the appointment is valid for a maximum of 72 hours.  At the ex parte hearing, the Court also will set a date and time within the 72 hours period for a further hearing to determine if the emergency guardianship should be extended for a maximum of an additional 30 days.  Notice of this hearing will be given to the ward and all other interested parties. 

Items necessary to file an Emergency Guardianship:

  1. The ward must be a Wayne County resident;
  2. It is necessary to apply for full guardianship within the the 30 day period prior to the appointment expiring
  3. If the applicant is applying to be an emergency guardian of the estate, the applicant must be bondable and a bond may be required before the appointment is made;
  4. The base court cost deposit is $195;
  5. The Court will perform a record check of the proposed emergency guardian before making an appointment; and
  6. Complete the Probate Forms listed below.

The information contained on this web site is not legal advice, nor should it substitute for the assistance of a qualified attorney. Good legal assistance can speed up the court process and prevent costly legal errors.

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