Adults sometimes have physical and mental health challenges that make it difficult for them to make decisions that are in their best interests. It’s sometimes necessary to take legal steps to help protect the individual. One of these is an emergency temporary guardianship.
In Florida, an emergency temporary guardianship is a short-term, court-ordered arrangement that allows someone to step in to make decisions for the person when they can’t do it themselves. This is possible under Florida Statute § 744.3031, which makes it possible to mitigate the risk to a person’s health, safety or financial well-being if they’re so vulnerable that they need assistance.
What’s required to get an emergency temporary guardianship?
The process of obtaining this type of guardianship starts with filing a petition in probate court. This is usually done with a petition for permanent guardianship or if there’s an anticipation that one may be needed.
There must be clear evidence that the guardianship is necessary. This may include financial records, medical affidavits or sworn statements from people who are concerned about the individual. It’s possible that the court will order a temporary order quickly, even if there isn’t a full guardianship hearing yet.
What happens when an emergency temporary guardianship is ordered?
The emergency temporary guardianship automatically expires after 90 days. It only gives the guardian the ability to handle the issues that are listed in the order. Throughout the period of this type of guardianship, the alleged incapacitated person has specific protections that are overseen by the court or an officer appointed by the court.
It’s critical to fully understand the scope and ramifications of an emergency temporary guardianship before petitioning the court for one. It may be beneficial to work with someone familiar with these matters so they can assist throughout the process.