An emergency temporary guardian is the predecessor to the appointment of a guardian. It allows for a fairly quick process that ensures that the incapacitated person, to which the emergency temporary guardianship is sought, will be protected from harm and any misappropriation of their assets until a final and permanent guardian is appointed to them.
When Can an Emergency Temporary Guardianship be Created?
A ward is an adult, and sometimes even a child, who becomes incapacitated or disabled, and is unable to make decisions on behalf of him or herself. This person will often require the assistance of a court appointed guardian to help make their personal, medical and financial decisions for them. When making claims to support an emergency temporary guardian petition, Florida courts will first direct an attorney to represent the ward and review such claims in order to effectively advise the judge if the claims are substantial enough to support the petition.
Emergency temporary guardianships are formed when some type of emergency has occurred. With that being said, it’s not always certain that an emergency petition will be granted. Often times, a court will grant the petition if the petitioner makes a showing of incapacitation, risk of harm if the appointment is not made, and lastly, there must be a showing of no other alternatives available given the particular circumstances. It’s important to note that these requirements prevent any ordinary person from gaining control over another individual’s life. When being named someone’s legal guardian, the powers and responsibilities are immense, and can be destructive if put in the hands of someone whom is unfit to be a guardian or has ulterior motives. With difficult measures in place, Florida courts will need sufficient evidence and proof to support such claim for emergency temporary guardian.
How Long will an Emergency Temporary Guardianship Last?
Under Florida law, an emergency temporary guardianship is only expected to last up to ninety days. Because this emergency petition is solely in place to secure the wellbeing of the ward on an expedited basis, the temporary guardianship will only last somewhere between a month and three months, until the court appropriately appoints a permanent guardian.
If you are an interested person or “next of kin” and would like to know more about how you may further protect your loved-ones during a difficult time of physical or mental suffering, our skilled and knowledgeable attorneys at EPGD Business Law are here for you every step of the way. With the help of our Trusts & Estates team, we will fight to ensure that your loved ones remain in the hands of trusted individuals.
