Emergency Guardianship Precludes Decisions by Ward

The appointment of an emergency guardian of the person or estate renders the alleged incapacitated person legally incapable of making decisions about matters expressly assigned to the guardian. Whether an emergency guardianship of the estate is still valid more than 30 days after the issuance of the order (cf. 20 Pa.C.S. § 5513) was not raised in the trial court, and could not be raised outside of the Orphans’ Court, and so would not be considered on appeal. Gavin v. Loeffelbein, 205 A.3d 1209, 74 MAP 2017 (Pa. 3/26/2019).

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