Emergency Temporary Guardianship Representation in Florida

An emergency temporary guardianship is a court order that lets a judge appoint a temporary guardian before a full guardian is named. Florida law allows this only when the court finds an emergency may exist, and the court decides whether that standard is met. Robinson Casey is a Florida law firm that limits its practice to Marchman Act petitions and guardianship matters. Richard J. Casey III, Esq. is the responsible lawyer. This page explains what the law provides, what a petition involves, and how to start a conversation with the firm.

What Emergency Temporary Guardianship Is and Who It Is For

Emergency temporary guardianship is a short-term appointment made before a permanent guardian is chosen. Fla. Stat. § 744.3031 lets a court make this appointment, but only after a petition to determine incapacity has been filed.

The statute says the court must specifically find that there appears to be imminent danger. The danger must threaten the person’s physical or mental health or safety, or property that is in danger of being wasted, misappropriated, or lost. The finding applies unless immediate action is taken.

The subject of the proceeding or any adult interested in that person’s welfare may apply to the court. This page is written for adult relatives and others who worry that an incapacitated adult faces harm now.

Think of it as a temporary step, not the lasting answer. A plenary or limited guardianship is a separate request for a longer arrangement. Other requirements may apply, and the court decides based on the evidence presented.

What a Petition Covers and the Powers the Court May Grant

A petition must state specific facts, and the court decides which powers, if any, to grant. Fla. Prob. R. 5.648 describes what an emergency petition must address, including:

• the facts showing that the person’s health, safety, or property is in danger
• the reason immediate action must be taken
• whether the requested guardianship is limited or plenary
• the names and addresses of known next of kin
• the proposed guardian’s name, address, and qualifications, or a statement that a willing and qualified guardian has not been located
• the proposed guardian’s relationship to the person

A petition to determine incapacity must be verified. A copy of any emergency petition must be filed with it. See Fla. Stat. § 744.3201.

The statute requires notice of the hearing at least 24 hours before it begins. That notice goes to the alleged incapacitated person and that person’s attorney. The notice period can be shortened only if the petitioner shows that substantial harm would occur if the 24-hour notice is given.

The statute also says the court shall appoint counsel to represent the alleged incapacitated person during these summary proceedings.

The order must specifically list the emergency guardian’s powers and duties. A power is granted only as the order states it. The court may also appoint a guardian ad litem if it finds that representation of the person’s interests otherwise would be inadequate. See Fla. Prob. R. 5.120. Whether that happens, and any cost, depends on the court’s order.

How the Process Works and What to Expect

The process moves through several steps, and the court controls the schedule at each one. Nobody can promise how fast a hearing or order will happen.

1. Free consultation. You schedule a free, confidential initial consultation. There is no obligation to continue.
2. Gather facts. You collect the person’s name, age, and address, the names of known next of kin, the facts showing danger, and any relevant records.
3. Prepare and file. The petition to determine incapacity is prepared with the emergency petition attached. Filing requirements can vary, so each step is checked before filing.
4. Notice and hearing. Notice must be served at least 24 hours before the hearing, unless the statutory exception applies. The court sets the hearing date.
5. Order. If the court finds the statutory criteria are met, it may enter an order listing the guardian’s powers and duties. The court may also decline to grant the request.
6. Final report. The statute says an emergency temporary guardian shall file a final report no later than 30 days after the authority expires.

The statute says emergency authority expires 90 days after appointment or when a guardian is appointed, whichever occurs first. It may be extended for another 90 days upon a showing that emergency conditions still exist. Whether an extension is granted depends on the court’s discretion and the facts.

A thin petition can leave the court without the facts it needs.

Related Florida Guardianship and Marchman Act Options

The right option depends on the person’s condition and the court’s decision. Emergency temporary guardianship is only one path.

• Plenary guardianship. A petition states whether the guardianship desired is plenary or limited. See Fla. Stat. § 744.334.
• Limited guardianship. A petition may instead request a limited guardianship, with the extent set by the court.
• Mental health guardianship. This is a guardianship matter the firm handles. Details are on the firm’s dedicated service page.
• Marchman Act petitions. This process addresses people who may need assessment or services for substance use. The court decides whether the criteria are met.
• Involuntary commitment for addiction. This concern is addressed through the Marchman Act process, subject to the court’s decision.

Your consultation can review which path may apply to your situation. Other requirements may apply to any path.

If a matter may be referred to another lawyer or firm, the firm will say so during the consultation.

Why Robinson Casey for Emergency Guardianship Matters

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. The firm’s work stays focused on those areas.

• Responsible lawyer. Richard J. Casey III, Esq. is the lawyer responsible for this page.
• Support staff. Our team includes support staff who help with intake and office tasks, so paperwork and scheduling stay organized.
• Free consultation. The initial consultation is free and confidential, with no obligation to continue.
• Clear scope. The firm handles emergency temporary guardianship, plenary, limited, and mental health guardianship, Marchman Act petitions, and involuntary commitment for addiction.

The firm cannot promise any result. Outcomes depend on the court’s decision and the facts of each case.

Frequently Asked Questions

Talk With Richard J. Casey III About Your Situation

If a family member may face serious danger and you must decide whether to file, you don’t have to work through it alone. Richard J. Casey III, Esq. can review the facts with you in a free, confidential consultation, with no obligation to continue. Call (561) 849-4149 or schedule a free consultation today.

Contact: (561) 849-4149 | robinsoncasey.com/contact