Guardianship hearing over adults expedited
by Tyler Dumont
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The change was set to speed up the legal process behind guardianship. Usually a process that would take weeks or even months, may now happen in just days after an announcement on Wednesday. Under the expedited process people who file for a hearing can get one in 48 hours.
The faster turnaround time will only last while a state of emergency is in place.
Emergency guardianship petitions for adults are the legal process for allowing someone to act as a decision-maker for another person who is unable to. Courts will hold hearings online or by phone to make it happen.
In a statement, Judge David King said the usual two-week process may be too long in a time when decisions are being made quickly.
Estate and elder law attorney Sarah Ambrogi said the change will likely mean people seeking a court-ordered guardianship will receive a judge’s decision in days.
“I think the court’s order is not just limited to COVID-19 patients,” Ambrogi said. “I think it’s more the recognition that with the complete shutdown of nursing homes, these situations are arising and they’re going to arise more frequently.”
Inside those long-term care facilities there are often people who have not yet established a power of attorney, according to Ambrogi.
A court-ordered guardianship can be the only option to get people to hospitals or rehabilitation facilities.
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Courts expedite guardianship hearings amid state of emergency
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ReplyDeleteThis article is intentionally misleading and the uptick in Guardianships will place wards *into* Nursing Homes, it's already happening in Colorado.
Newly minted Wards,being PUT *INTO** Nursing Homes as recent as April 2020