An emergency guardianship is a precursor to the appointment of a guardian. It is done when the circumstances arising to the guardianship show that there is going to be extreme harm to the incapacitated person, or that the incapacitated person’s assets are going to be wasted or misappropriated. An emergency temporary guardianship is done very quickly to freeze assets and name someone to make decisions in place of the incapacitated person until a final guardian is appointed.
How Are Emergency Guardianships Created?
Emergency guardianships are created by filing a petition to appoint an emergency temporary guardian. In Florida, before an emergency temporary guardian is appointed, the judge must appoint an attorney to represent the ward. That attorney must visit the ward and review the claims with the ward, with a hearing following very quickly after that meeting. The purpose of that meeting and hearing is to advise the judge whether the claims made in the temporary emergency guardianship petition are accurate and give rise to the need to appoint someone on an emergency basis. The emergency temporary guardian usually gets appointed right after the hearing.
Do I Need An Attorney To Get The Emergency Guardianship?
Except in very limited circumstances regarding adult disabled children and a guardian advocacy, all guardians must be represented by an attorney. This is due to the complexity and the seriousness of a guardianship proceeding.
What Are The Duties Of An Emergency Guardian?
The duties of an emergency guardian are usually set out in the order appointing the emergency temporary guardian. The proceedings appointing an emergency temporary guardian should be very limited in scope and authority. The emergency temporary guardian can stabilize someone’s situation until a permanent guardian is appointed. It is extremely limited in scope and acutely relevant to the incapacitated person’s specific needs.
How Long Do Temporary Guardianships Last?
Under Florida Law, emergency temporary guardianship should only last 90 days. If, however, a permanent plenary guardian is needed but has not been appointed, the emergency temporary guardian can last longer than 90 days with court approval.
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Author Bio
Kellen Bryant, Esq.
Founder
Florida Bar Board Certified Elder Law Attorney, Kellen Bryant focuses his law practice on advising and helping caregivers with a particular focus on asset protection and preservation from long-term care costs, creditors, and predators. Kellen Bryant is AV Preeminent® Rated, meaning his attorney peers rated him at the highest level of professional excellence. Kellen Bryant was nominated and selected as a Super Lawyer, Rising Star: 2022.
