Taking care of a mentally incapacitated person: Guardianship or Committee

Emergency Guardianship Order

The application for a Guardianship Order takes time. What if there are circumstances in which a mentally incapacitated person is subject to imminent or even existing abuse or danger? In the following circumstances, the Guardianship Board has the power to make an Emergency Guardianship Order:

  • if the person concerned is in danger, or is being, or is likely to be, maltreated or exploited;
  • the person concerned is incapable of making reasonable decisions in relation to his personal circumstances; and
  • it is necessary to make immediate provision to protect the person concerned.

    For an application for an Emergency Guardianship Order, the applicant must have already filed or must simultaneously file an application for a normal Guardianship Order. Upon receiving the application, the Guardianship Board will organize an emergency hearing as soon as possible after gathering sufficient information. The term of an Emergency Guardianship Order will not exceed three months.