Emergency Temporary Guardianship in Florida. (Florida Guardianship Law Section 744.3031)

To appoint a guardian in Florida is a process that can take several weeks. However, there are some situations in which the Florida courts allow a rushed proceeding to appoint guardianship over someone.  For instance, if there is evidence that the person’s health, safety, and/or welfare are in danger, then the courts will consider a proceeding called an Emergency Temporary Guardianship proceeding.

• A Emergency Temporary Guardianship Proceeding in Florida is designed to expeditiously appoint a temporary Guardian until the proceedings for a full-time guardian can be completed.
• However, the court must specifically find that there appears to be imminent danger that the physical, mental health, or safety of the person will be seriously impaired.
• Or that the person’s property is in danger of being wasted, misappropriated, or lost unless immediate action is taken.
• The court will typically appoint a Florida guardianship attorney to represent the alleged incapacitated person.
• In Florida, a Temporary Guardianship is defined to last for a period of ninety (90) days.
• And, after the first ninety (90) days, an extension can be applied if the Formal Guardianship proceedings have not been completed.
• See Florida Guardianship Law Section 744.3031 for the full text.

However, the interpretation of “imminent danger” by Florida courts is very subjective. For instance, the court in Batzle v. Baraso, 776 So.2d 1107 (Fla. 5th DCA, 2001) approved the appointment of an emergency temporary guardian when the alleged incapacitated person was diagnosed with a progressive form of cancer. In that case, the appointment was approved even though there was no adjudication that the ward was mentally incompetent.

West Palm Beach guardianship attorneys have seen this on occasion. The most difficult part of the process is that, as the name points out, it’s used mainly in times of emergency.  So if you are looking for appointment of an emergency guardian in Boca Raton or Deerfield Beach, chances are the preparation for guardianship appointment has been bare.  The best thing to do is talk to a guardianship attorney to prepare for emergency situations like these.

See http://www.pankauskilawfirm.com/ for videos and information on Wills in Florida, Florida Trust Law, Estate Planning, and Estate Administration in Florida.