Most guardianship issues do not begin with an emergency. Families may spend weeks or months discussing concerns, collecting information, and seeing what type of assistance their aging or vulnerable loved one may need.
But sometimes, waiting is not an option. When immediate intervention is necessary, there is a law for an emergency temporary guardianship in Florida. Here is a look at when and how it’s used for guardianship administration.
What Is an Emergency Temporary Guardianship?
Under an emergency temporary guardianship, a Florida court appoints a temporary guardian for an alleged incapacitated person and/or their property.
Under Florida Statutes § 744.3031, the court believes that there appears to be an imminent danger that the person’s physical or mental health or safety will be seriously impaired. Along with that, the person’s property is in danger of being wasted, misappropriated, or lost unless immediate action is taken.
When Can an Emergency Temporary Guardian Be Appointed?
In most cases, an emergency temporary guardian may be appointed after a petition for determination of incapacity has been filed but before a guardian has been appointed. With that, the filing is done on the incapacitated person’s behalf, or an adult interested in that person’s welfare may apply to the court for the emergency appointment.
For example, an emergency may happen when an alleged incapacitated person faces an immediate threat to their safety or when financial assets are at risk of being lost or improperly used.
What Happens After a Petition Is Filed?
Florida law requires notice of the petition and hearing to be served on the alleged incapacitated person and that person’s attorney at least 24 hours before the hearing. However, there can be an exception if providing 24-hour notice would result in harm to the alleged incapacitated person.
The court will also appoint counsel to represent the alleged incapacitated person during the summary proceedings.
What Powers Does an Emergency Temporary Guardian Have?
An emergency temporary guardian does not automatically receive unlimited authority over another person’s affairs. The court order will identify the emergency temporary guardian’s powers and duties.
The emergency temporary guardian’s authority and responsibility start when the letters of guardianship are issued. If the appointment involves property, the court may also require the emergency temporary guardian to post a bond before using their authority.
How Long Does an Emergency Temporary Guardianship Last?
Under Florida law, the emergency temporary guardian’s authority will expire 90 days after the date of appointment or when a permanent guardian is appointed, whichever occurs first.
The court can extend the authority for an additional 90 days if you show that the emergency conditions still exist.
Even though these are temporary orders, the guardian’s responsibilities do not disappear when the authority expires. An emergency temporary guardian must file a final report no later than 30 days after the emergency temporary guardianship expires.
If the emergency temporary guardian becomes the successor guardian, then there will be additional reporting requirements.
When Your Family Needs Help
When something changes suddenly with a parent, spouse, or another loved one, you might not know what to do next. You may be worried about their safety, their finances, or whether they’re able to make important decisions for themselves. With an emergency temporary guardianship in Florida, you have a few legal options.
At Niebla Probate Firm, we know guardianship issues often happen during stressful, emotional times for any family. We are here to help families understand the process, protect their loved ones’ interests, and take the next steps.
If you’re facing a situation that cannot wait, reach out today to schedule a consultation.
