What is an emergency temporary guardianship in Florida?
An emergency temporary guardianship is a short-term court appointment that allows a trusted person to make urgent decisions for someone who is incapacitated and at immediate risk of harm. Under Florida Statutes § 744.3031, the court can grant this type of guardianship when there is credible evidence of incapacity and imminent danger to the person’s health, safety, or property. It is designed to stabilize the situation while the court evaluates whether a permanent guardianship is necessary.
How quickly can the court appoint an emergency guardian?
In urgent cases, Florida courts can review and grant a petition for emergency temporary guardianship within 24 to 48 hours. The speed depends on the severity of the situation, the strength of the evidence, and the court’s schedule. In extremely urgent cases—such as active financial exploitation or a medical crisis—the court may act on the same day the petition is filed.
What evidence is required to get an emergency guardianship approved?
The court will require clear, factual evidence that the person cannot make decisions for themselves and that immediate harm is likely without intervention. This may include recent medical records, affidavits from doctors, witness statements, bank records showing suspicious activity, or photographs of unsafe living conditions. The more specific and credible the evidence, the greater the likelihood of the court granting the emergency request.
How long does an emergency temporary guardianship last in Florida?
An emergency temporary guardianship can last for up to 90 days. The court may extend it for another 90 days if necessary, but extensions are granted only if the emergency continues and the court finds it is in the person’s best interest. Once the emergency period ends, the guardianship will either expire, be replaced by a permanent guardianship, or be terminated if no further oversight is needed.
What is the difference between a guardianship and a conservatorship in Florida?
In Florida, “guardianship” is the official legal term, and it can cover both personal care and financial decision-making. The word “conservatorship” is not used as a separate legal category here, but many people use it informally when referring to guardianships that focus primarily on managing property, investments, and finances. Florida’s guardianship statutes allow the court to limit a guardian’s powers to financial matters only, which functions similarly to a conservatorship in other states.
Can the person under guardianship fight the emergency appointment?
Yes. The alleged incapacitated person (AIP) has the right to object to the appointment, present evidence, and be represented by an attorney. If the court granted the appointment without prior notice due to the urgency, the person can request a prompt hearing to challenge it. Florida law protects due process even in emergencies, which means the person’s rights remain an important consideration at every stage.
What powers does an emergency temporary guardian have?
The court’s order will outline the specific powers granted. Common emergency powers include controlling access to bank accounts, authorizing urgent medical treatment, preventing the sale of property, securing the person’s residence, and paying critical bills. Any action not listed in the order is outside the guardian’s authority.
What happens when the emergency period ends?
When the emergency guardianship ends, the court will either terminate the arrangement, transition to a limited or permanent guardianship, or restore the person’s rights entirely. If a permanent guardianship is considered, the court will hold a full incapacity hearing with evaluations from a court-appointed examining committee.
Do I need a lawyer to request emergency guardianship?
While it is possible to file the petition yourself, the legal and procedural requirements are complex and time-sensitive. An experienced Orlando Conservatorship Attorney can ensure the petition meets statutory requirements, contains persuasive evidence, and addresses the court’s due process concerns. Having skilled legal representation can greatly improve the chances of obtaining emergency protection quickly.
Contact Orlando Conservatorship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If you believe a loved one is at immediate risk and needs urgent legal protection, contact Attorney Beryl Thompson-McClary. We handle emergency guardianship and conservatorship cases throughout Orange County and surrounding Central Florida communities.
