How Long is an Emergency Temporary Guardianship?

FAQs • Jul 16, 2022

A Florida Emergency Temporary Guardianship should only last 90 days. BUT, there are special rules. There is much written about Florida Guardianship Lawyers and what litigators refer to as CONTESTED GUARDIANSHIPS. (Click that last tab for free legal videos). To learn more about ETGs, keep reading.

***A Florida Emergency Temporary Guardianship is for 90 days. They often go longer if the family is fighting.***

Florida Guardianship Law

Want to learn more about Florida Guardianship Law? Start with Florida Laws Chapter 744. That’s the Florida Guardianship Code. Those are statutes which tell the judges, the court, and the litigants, and their lawyers, how things run.

Do you know the difference between a “mental health” case and “guardianship” or “GA” case? Do you know why you need two cases for a guardianship? (Yes, asking the court to rule that mom or dad is not competent is different than, but related to, asking a probate judge to appoint you as guardian.)

Don’t forget to read the Florida Probate Code which has special rules for all probate matters. This includes estates and probates and guardianships.

Finally, where is your guardianship located? Courts in Florida are divided up into judicial circuits. Judicial circuits in Florida have divisions. Each Florida Judicial Circuit has a probate division. The probate division handles guardianships. There may be more than one judge assigned to handle guardianships. That means there can be 2 or 3 divisions that your guardianship may get assigned to. Be sure to check out the Administrative Orders & local rules for your judicial circuit as well as a judge’s set of “judicial instructions.” Most can be found online by doing a simple google search.

Emergency Temporary Guardianship 90 Day Rule

Florida Guardianship Law 744.3031(4) says that an emergency temporary guardianship should only last 90 days.

But, you can ask the court for another 90 days: 180 days tops.

If one files a motion for an ETG, there should be an evidentiary court hearing. NOT a hearing at 8:45 a.m. for 5 minutes. So, get your witnesses and documents ready. Prepare your evidence. Set a time with the court that gives you enough time to try to win your case.

Remember: an ETG should only be asked for if there is a true emergency. Family disagreements are most often not an emergency.

Read Probate Rule 5.648 on emergency temporary guardianship.

To see a FREE LEGAL VIDEO on temporary guardians, click this LINK.

To see a free legal video about the ward getting a NEW attorney, click HERE.