How Florida Courts Handle Urgent Cases to Protect Vulnerable Adults and Their Assets
Protecting Vulnerable Adults in Urgent Situations
In Orlando and throughout Florida, families sometimes face sudden situations where a loved one is unable to care for themselves or safeguard their finances. These moments can happen without warning—a medical crisis, severe cognitive decline, or active financial exploitation—and waiting for a full guardianship or conservatorship proceeding could put the person at serious risk.
Florida law allows for emergency temporary guardianships—and in some cases, conservatorships—to provide short-term legal protection. These emergency measures are court-ordered, strictly time-limited, and designed to prevent immediate harm until a permanent legal arrangement can be considered.
As an Orlando Conservatorship Lawyer, I’ve seen how these proceedings can stabilize dangerous situations quickly. If your family is facing an urgent crisis, I can help you prepare the right evidence and petition the court to act immediately. Call 1-888-640-2999 to schedule a consultation.
The Legal Basis for Emergency Temporary Guardianships in Florida
Florida’s guardianship law, found in Chapter 744 of the Florida Statutes, allows a court to appoint an Emergency Temporary Guardian (ETG) when:
- The person is incapacitated or there is probable cause to believe they are incapacitated, and
- There is imminent danger to their physical or mental health or to their property
These provisions apply to situations where waiting for the standard guardianship process would cause irreparable harm. While “conservatorship” is not a separate legal category under Florida law as it is in some states, the term is often used to refer to guardianships focused on property and financial decisions.
Urgency Requirements the Court Looks For
The urgency element is crucial. Judges require clear and convincing evidence that harm will occur without immediate court intervention. Some examples include:
- A vulnerable adult actively being exploited by someone with access to their accounts
- A person in a medical crisis with no one authorized to consent to urgent treatment
- A dementia patient attempting to sell their home for far below market value
- A sudden and severe change in health where bills, mortgages, or taxes could go unpaid
These situations require fast legal action and strong proof to justify emergency powers.
The Court Procedure for Emergency Appointments
The process begins with filing a verified petition for emergency temporary guardianship. This petition must:
- Describe the emergency in detail
- Provide facts supporting the belief that the person is incapacitated
- Specify the powers needed to protect the individual or their property
- Include supporting documentation such as medical statements, bank records, or witness affidavits
Once filed, the court can act within 24 to 48 hours in many cases. The judge may appoint an ETG ex parte (without prior notice to the alleged incapacitated person) if the risk is significant enough.
The emergency appointment lasts for up to 90 days and can be extended once for another 90 days if necessary. During this period, the court will often schedule hearings to determine whether a permanent guardianship should be established.
Short-Term Protections Under Florida Law
An emergency guardian’s powers are limited to what is necessary to address the immediate threat. Common emergency powers include:
- Controlling access to bank accounts and preventing unauthorized withdrawals
- Consenting to urgent medical procedures
- Changing locks or securing property
- Stopping the sale or transfer of assets
- Paying essential bills to avoid foreclosure or utility shutoffs
The court’s written order will list exactly what the emergency guardian is allowed to do. Any action outside of that scope can result in removal or legal consequences.
Transitioning to Permanent Guardianship or Ending Emergency Powers
Once the immediate crisis is stabilized, the court must decide whether to:
- Dismiss the emergency guardianship if the person is found capable of managing their own affairs
- Transition to a permanent guardianship if long-term oversight is needed
- Modify the arrangement to a limited guardianship if the person can handle some responsibilities
The transition requires a formal incapacity evaluation under Florida Statutes § 744.331, where an examining committee assesses the individual’s decision-making abilities.
Why Legal Representation Matters
These cases move quickly, and any delay in filing can put the vulnerable person at greater risk. As an Orlando Conservatorship Attorney, I make sure petitions meet the exact legal requirements, include strong supporting evidence, and anticipate the court’s concerns about protecting the individual’s rights.
I also defend individuals who are the subject of emergency petitions when the allegations are unfounded, ensuring that emergency powers are not abused or used for personal gain.
Contact Orlando Conservatorship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If you are facing an urgent situation involving a vulnerable adult, contact us to schedule an appointment. We handle emergency conservatorship and guardianship cases throughout Orange County and Central Florida.
