Last updated July 15 2025
Temporary Guardianship, or “emergency” guardianship is the fast‑track that the Court uses when delay could put an incapacitated person’s health, safety, or assets at serious risk.
The authority comes from Mental Hygiene Law § 81.23, which lets a judge install a guardian with specific temporary powers before the full guardianship hearing concludes.
1 What Qualifies as an “Emergency” to Justify Temporary Guardianship?
The court may act if it finds immediate danger to personal needs or loss, waste, or misappropriation of property. Common fact patterns include:
| Scenario | Real‑world example we’ve handled |
| Medical jeopardy | Dementia patient needs consent for urgent surgery |
| Financial exploitation | Relative drains joint bank account via ATM |
| Unsafe living conditions | Hoarder apartment with fire‑code violations |
2 Who Can Petition for Temporary Guardianship —and When
Any party authorized to file a petition for Guardianship under Article 81 (spouse, child, facility, social services, etc.) may request temporary relief at the outset or any time before final Letters issue.
Required pleadings for Temporary Guardianship
- Verified Petition alleging incapacity and emergency
- Affidavit of facts supporting immediate appointment and explaining the dissipation of property or immediate danger to the safety of the AIP.
- Proposed Order to Show Cause naming the temporary guardian and powers sought.
Tip: Attach recent reports, or bank statements to show urgency—court evaluators rely heavily on contemporaneous documents.
3 Scope of a Temporary Guardian’s Powers
MHL § 81.23 emphasizes least‑restrictive intervention. Powers typically expire on the earlier of:
- The issuance of permanent Guardianship Letters, or
- A date certain set by the judge (often 30–60 days).
Typical authority granted
- Pay rent, utilities, and tax bills
- Freeze or close bank accounts to stop theft
- Consent to routine medical care (or emergency treatment if expressly authorized)
- Arrange for safe housing or home‑care services
The judge can expand or cut back powers as new facts emerge; annual accounting rules do not apply, but the guardian must file a final report detailing all actions taken.
4 Standard of Proof & Hearings
Unlike a permanent appointment (clear‑and‑convincing evidence), a temporary guardianship may be granted on “good cause shown” supported by sworn documents; oral testimony is optional but common in contested cases. Courts often hold a brief “return date” within 5–10 days to reassess need.
Recent decision Matter of Gomes (R.M.), 76 Misc 3d 1215(A) (Sup. Ct. Suffolk Cty. 2022), affirmed a temporary guardian where the alleged incapacitated person (AIP) suffered proven abuse and financial neglect.
5 Practical Timeline
| Day | Milestone |
| 0 | File Petition + emergency OSC. If it’s a true emergency, a judge may be able to same day and will typically require an in person filing. If its urgent but not a dire emergency, review may take a few days |
| 1–3 | Order served on AIP, close relatives, Court Evaluator appointed |
| ≤10 | “Return date” to modify or confirm temporary powers |
| 30–45 or more if the matter is contested | Full Article 81 hearing; Letters of Guardianship issued or case dismissed. |
Courts in NYC (especially Kings and Bronx) now accept e‑filing for emergency Article 81 petitions, cutting clerk processing to 24 hours in many cases. However, if there is a true emergency, go in person.
6 How RK Law PC Adds Value
- Rapid Petition Drafting: Same‑day affidavits and OSC packages.
- Evidence Assembly: We coordinate home‑visit photos, bank‑record subpoenas, and physician affirmations to satisfy § 81.23’s “good cause” standard.
- Bond & Reporting Guidance: We line up surety bonds and craft the final compliance report so the judge discharges you promptly.
7 FAQs for Temporary Guardianship
Up to the issuance of permanent Letters or the court’s sunset date—rarely beyond 60 days.
Yes. The AIP retains all due‑process rights, including counsel, cross‑examination, and the ability to present their own evidence at the full hearing.
Often yes, especially when financial powers exceed $10,000. The court sets the amount case‑by‑case.
For more information, please contact NYC Probate Litigation, Guardianship, Probate, and Estate Planning attorney Regina Kiperman:
Phone: 917-261-4514
Fax: 929-556-2089
Email: rkiperman@rklawny.com
Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005
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