Emergency Temporary Guardianship Petitions: Know What to Prepare

Emergency temporary guardianship petition documentation has two parts: a sworn petition and proof of immediate danger to your loved one. The papers must be complete before you file. This guide walks through what Florida’s rules call for, grouped by category. It is written for family members gathering these papers now. Richard J. Casey III, Esq. is the responsible lawyer for this page. For the bigger picture, read the emergency temporary guardianship overview.

What documentation and evidence must be submitted to support an emergency temporary guardianship petition?

The petition must be verified, and it must show imminent danger to your loved one. Supporting records should prove that danger with dates and specific facts.

Florida law lets a court appoint an emergency temporary guardian only after a petition for determination of incapacity has been filed. The court must find that there appears to be imminent danger that health or safety will be seriously impaired, or that property is in danger of being wasted, misappropriated, or lost, unless immediate action is taken. Fla. Stat. § 744.3031 sets that standard.

Fla. Prob. R. 5.648 sets what the petition must say. Think of your file in five groups: the sworn petition, evidence of danger, medical records, financial papers, and the proposed guardian’s paperwork. The sections below cover each group.

Gather everything before you file. Make a checklist of what you have and what is still missing.

What the verified petition itself must set out

The verified petition names the people involved and describes the emergency in concrete terms. The person who signs it swears that the facts are true.

Under Fla. Prob. R. 5.648, the petition must give the petitioner’s residence and post office address. It must also give your loved one’s name, age, and residence and post office address. It must describe the imminent danger and the nature of the emergency. It must explain why immediate action is needed.

The petition must name the proposed emergency temporary guardian and that person’s address. It must say whether that person is qualified to serve, or whether a willing and qualified guardian could not be found. It must also describe that person’s relationship to your loved one.

Under Fla. Stat. § 744.334, a guardianship petition must also name next of kin when known. It must state the nature and value of the property involved. It must give the reasons alternatives to guardianship are not enough.

The petition must be verified. Under Fla. Stat. § 92.525, a written declaration reads: “Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true,” followed by the signer’s signature. Fla. Stat. § 92.525 reads: “(2) A written declaration means the following statement: “Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true,” followed by the signature of the person making the declaration, except when a verification on information or belief is permitted by law, in which case the words “to the best of my knowledge and belief” may be added.” Knowingly making a false declaration is perjury by false written declaration, a third-degree felony. Check every fact against your records before you sign.

What evidence shows imminent danger to your loved one?

Dated records that show what is happening now back up the danger your petition describes. Keep each item organized by date.

• Incident records: emergency response reports, police reports, or hospital visit summaries.
• A written timeline: missed medications, unsafe living conditions, unpaid essential bills, wandering, or unexplained injuries. Give each entry a date, what you saw, and who else saw it.
• Photos or video: show the conditions, with dates, taken lawfully.
• Messages or emails: show warnings, refused care, or risky decisions.
• A witness list: names, contact details, and what each person observed.

Stick to facts you saw or can document. Write “the stove was left on twice in March,” not “they are confused.” Keep originals intact. Make working copies, and don’t write on the originals.

What medical and professional records support the petition?

Medical records and a clinician’s written statement show your loved one’s current condition and recent events. Substance use treatment records have extra federal privacy protection.

• Clinician statement: a note from the treating physician or clinician about current condition and the ability to make decisions. Specific, dated statements carry the most detail.
• Emergency or hospital records: documents from the recent event or assessment.
• Medication list and diagnoses: current medicines and recent diagnoses that affect decision-making.

Records of a patient’s identity, diagnosis, or treatment from a federally assisted substance use disorder program are confidential. They may be disclosed only as the federal statute allows. 42 U.S.C. § 290dd-2 allows disclosure by court order granted after a showing of good cause. 42 U.S.C. § 290dd-2 reads: “If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefor, including the need to avert a substantial risk of death or serious bodily harm. In assessing good cause the court shall weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services. Upon the granting of such order.” The court weighs the public interest and the need for disclosure against the injury to the patient. It can also impose safeguards against unauthorized disclosure.

Start the records request early. Access may need your loved one’s authorization or a court order, and the petition may depend on those records.

What financial and property documentation may the court need?

Financial papers show what property needs protection and which bills or deadlines create urgency. The petition must describe the nature and value of the property, where known.

• Asset list: known accounts, real property, vehicles, and income sources.
• Recent statements: current bank or account statements.
• Urgent notices: shutoff, eviction, or foreclosure notices, and past-due housing, utility, or care bills.
• Pending deadlines: benefits, payments, or deadlines someone must handle for your loved one.
• Rough inventory: estimates, marked as estimates where exact values are unknown.

Note where each number comes from. A bank statement beats a guess. Mark any guess as a guess.

What paperwork covers the proposed guardian and the required notice?

The proposed guardian must provide identifying details and a formal application. Your loved one must also receive notice of the hearing, and the court appoints a lawyer to represent them.

• Your attorney can review with you what information about a proposed guardian may be relevant to your loved one’s situation.
• Application: under Fla. Stat. § 744.3125, a prospective guardian must list qualifications, though this section does not apply to corporate guardians other than nonprofit corporate guardians or to public guardians. A person may not be appointed unless the application names all wards the person currently acts for; this section does not apply to corporate guardians other than nonprofit corporate guardians or to public guardians.
• Corporate guardians: under Fla. Stat. § 744.309, a trust company, state banking corporation or state savings association, or a national bank or federal savings and loan association, authorized and qualified to exercise fiduciary powers in Florida may act as guardian of the property of the ward.
• Notice: under Fla. Stat. § 744.3031, notice must be served on your loved one and their attorney at least 24 hours before the hearing. That rule has an exception if the petitioner shows substantial harm would occur.

The authority of an emergency temporary guardian expires 90 days after the date of appointment or when a guardian is appointed, whichever occurs first, unless the court extends it for an additional 90 days upon a showing that the emergency conditions still exist. Before exercising authority as guardian, every guardian must take an oath to faithfully perform the duties of guardian, as provided in Fla. Stat. § 744.347.

How can you get your documents organized before a consultation?

Sort your emergency temporary guardianship petition documentation into five labeled folders. Write a one-page timeline before your first conversation.

• Petition facts: names, addresses, relationships, and the emergency described in plain terms.
• Incident evidence: reports, photos, messages, and witness details.
• Medical records: clinician statements, hospital records, and medication lists.
• Financial records: statements, notices, and a rough, labeled inventory.
• Notice and guardian papers: next of kin known to the petitioner, with names and addresses, and the proposed guardian’s name, residence and post office address, and relationship to or any previous association with the alleged incapacitated person, with a statement that the proposed guardian is qualified to serve or that a willing and qualified guardian has not been located.

Your one-page timeline should list each date, what happened, and the document that proves it.

Gathering these papers while someone you love may be at risk is hard, and you don’t have to handle it alone. Robinson Casey offers a free first consultation that is confidential and carries no obligation to continue. Reach out through our contact page or call (561) 849-4700.