Indiana Law Blog
No one warns you that something bad is going to happen tomorrow.
A sudden medical crisis. A serious accident. Rapid cognitive decline. A parent unexpectedly incarcerated. In moments like these, someone may need immediate legal authority to make decisions — and waiting weeks for a standard court process simply isn’t an option.
That’s where emergency guardianships come in under Indiana law.
If you’re facing a crisis involving a loved one, here’s what you should know.
What Is an Emergency Guardianship?
An emergency guardianship (sometimes called a temporary guardianship) is a court order that gives someone immediate authority to make decisions for another person when urgent circumstances exist.
In Indiana, courts can appoint a temporary guardian when:
- An individual is incapacitated, and
- Immediate action is necessary to prevent harm to the person or their property.
This process moves much faster than a standard guardianship proceeding.
When Are Emergency Guardianships Used?
Emergency guardianships are often necessary in situations like:
1. Sudden Medical Incapacity
A loved one is unconscious, suffers a stroke, traumatic brain injury, or severe illness and can no longer make medical or financial decisions.
2. Unsafe Living Conditions
An elderly adult with cognitive decline is being financially exploited or living in dangerous conditions.
3. Minor Children in Crisis
A parent is unexpectedly unavailable due to incarceration, hospitalization, or death, and no legal guardian has been established.
4. Financial Emergency
Bills are going unpaid, assets are at risk, or someone is being taken advantage of.
Waiting is not an option when irreparable harm is happening.
How Fast Can an Emergency Guardianship Be Granted?
Indiana courts understand that emergencies require quick action.
Depending on the county and the circumstances, a court can sometimes:
- Review filings within days
- Set an expedited hearing
- Issue a temporary order quickly when evidence supports urgency
That said, “emergency” doesn’t mean automatic. The court will require:
- Clear evidence of incapacity
- Proof that harm is likely without immediate intervention
- A qualified person willing to serve as guardian
Judges take these cases seriously because guardianship removes significant rights from an individual.
But, courts can only take quick action if you do and your attorney does.
How Long Does an Emergency Guardianship Last?
Emergency guardianships are temporary by design.
Under Indiana law, a temporary guardianship typically lasts no more than 90 days, unless extended by the court. During that time:
- A full guardianship proceeding may be initiated
- Interested parties receive notice
- A more permanent solution can be considered
The emergency order is meant to stabilize the situation — not permanently resolve it.
What Authority Does a Temporary Guardian Have?
The court order will define the guardian’s authority, which may include:
- Making medical decisions
- Managing finances
- Securing safe housing
- Protecting assets
- Enrolling a child in school
Sometimes the guardianship is limited to certain powers. Other times, it may be broader depending on the emergency.
Is There a Hearing?
Yes. Even in emergency situations, due process matters.
The court may:
- Hold an expedited hearing
- Require medical documentation
- Appoint a guardian ad litem in some cases
- Notify close family members
If someone objects, the matter can become contested. That’s why careful preparation matters — even when time is short.
Emergency Guardianship vs. Power of Attorney
Many people ask: Why not just use a power of attorney?
A power of attorney only works if:
- It was signed before incapacity, and
- It is still legally valid.
If no POA exists — or if the person lacked capacity when it was signed — guardianship may be the only option.
In true emergencies, families often discover too late that proper documents were never put in place.
What Does the Process Involve?
While every case is different, emergency guardianship filings typically require:
- A verified petition explaining the emergency
- Medical evidence of incapacity
- Identification of interested parties
- A proposed guardian willing to serve
Accuracy and clarity are critical. It must be clear that immediate action is necessary.
The Emotional Side of Emergency Guardianships
These cases are rarely just legal matters. They often involve:
- Family stress
- Sibling disagreements
- Fear about a loved one’s condition
- Urgent financial pressure
The goal of an emergency guardianship is not to take control — it’s to protect someone who cannot protect themselves.
Handled properly, it can bring stability during a chaotic time.
Planning Ahead Can Prevent Emergencies
While emergency guardianships are sometimes unavoidable, many can be prevented through:
- Durable powers of attorney
- Health care representative designations
- Proper estate planning
- Clear family communication
Proactive planning is almost always simpler — and less stressful — than court intervention.
Facing an Urgent Situation?
If your family is dealing with a sudden crisis and you’re unsure what steps to take, you don’t have to figure it out alone.
At Harshman Ponist Smith & Rayl, LLC, we help Indiana families navigate emergency guardianships and related matters with clarity and urgency. We can evaluate your situation, explain your options, and move quickly when circumstances require it.
If you believe an emergency guardianship may be necessary, contact our office to discuss your situation. If you want to appoint help ensure that there is a standby guardian in case something does happen later, we can help too.
We’re here to help protect the people who matter most.