Guardianship & Marchman Act
Emergency Temporary Guardianship in Florida
When a family member needs immediate protection, Robinson & Casey helps you petition the court quickly and correctly.
By Richard J. Casey III, Esq. · Published September 17, 2026
Emergency Temporary Guardianship Petition in Florida: What It Is, How to File, and What to Expect
An emergency temporary guardianship petition is a court filing that gives you immediate, temporary legal authority to make decisions for an adult who has lost capacity—when waiting for standard guardianship proceedings would create imminent danger or harm. It typically lasts 60 days and can be granted within days of filing.
If a loved one has suffered a stroke, experienced a mental health crisis, or lost capacity due to accident or illness, and there’s no advance directive or healthcare proxy in place, an emergency temporary guardianship petition can be the fastest way to obtain the legal authority you need to protect them and make critical decisions on their behalf.
If you're facing a medical crisis or sudden incapacity in your family and need immediate legal authority to make decisions, reach out to Robinson & Casey—families in your situation can contact us. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
What Is an Emergency Temporary Guardianship Petition?
An emergency temporary guardianship petition is a legal request to the court for immediate, temporary authority to make decisions for an incapacitated adult when there is no time for standard guardianship proceedings.
The key distinction is this: it’s both temporary (not permanent) and emergency (expedited, often granted within days rather than weeks or months). Under Fla. Stat. § 744.331, an emergency temporary guardianship lasts 60 days from appointment and can be extended if a full guardianship petition is pending.
Who can file: Family members, caregivers, healthcare providers, or other interested parties in the Florida county where the incapacitated person lives.
When it’s used: – Sudden cognitive decline or loss of capacity (stroke, accident, advanced dementia) – Medical crisis requiring immediate treatment decisions – Unsafe living conditions or risk of exploitation – No existing advance directive or healthcare proxy – Situations where waiting creates imminent danger
Who Needs an Emergency Temporary Guardianship Petition
An emergency temporary guardianship petition is right for you if:
- An adult family member or loved one has suddenly lost the ability to make decisions about their medical care, living situation, or finances
- A parent, grandparent, or other relative is in a medical crisis with no advance directive or healthcare proxy in place
- An adult is experiencing a mental health emergency and needs immediate protective authority
- A vulnerable adult is at risk due to neglect, exploitation, or unsafe conditions
- Waiting for standard guardianship proceedings (which can take weeks or months) would result in harm, missed treatment, or financial loss
In the emergency temporary guardianship petitions we handle, the common thread is urgency: the incapacitated person needs protection now, not after a lengthy court process.
What an Emergency Temporary Guardianship Petition Covers
A temporary guardian’s powers are specified in the court order and can include:
Medical decision-making authority: – Consent to medical treatment, surgery, and hospitalization – Medication decisions – Healthcare provider coordination – End-of-life care decisions (if applicable)
Personal care decisions: – Living arrangements and placement – Daily care and safety measures – Dietary and hygiene decisions
Limited financial authority: – Paying bills and medical expenses – Accessing funds for immediate care needs – Managing essential accounts (scope varies by court order)
Duration and scope: – Appointment lasts 60 days from the court order – Can be extended if a full guardianship petition is pending – Powers are tailored to what the court finds necessary to protect the incapacitated person
The court order specifies exactly which powers you receive. You don’t automatically get all possible powers—the judge grants only what’s needed for the person’s protection and welfare.
How the Emergency Temporary Guardianship Petition Process Works
Filing an emergency temporary guardianship petition involves seven key steps:
Step 1: Initial consultation and case assessment
We evaluate your situation, the incapacitated person’s condition, and whether emergency temporary guardianship is the right legal tool. We discuss the facts, timeline, and what documentation you’ll need.
Step 2: Petition preparation
We draft the emergency petition with detailed facts supporting the need for immediate authority and the basis for incapacity. This document is the foundation of your case.
Step 3: Medical documentation
We coordinate with physicians or healthcare providers to obtain affidavits or evaluations proving incapacity. Medical evidence is required—the court won’t grant an emergency temporary guardianship without it.
Step 4: Filing with the court
The petition is filed in the Florida county circuit court where the incapacitated person resides. We handle all procedural requirements and filing fees.
Step 5: Ex parte hearing or expedited review
The judge reviews the petition. In true emergencies, the court may grant an order without a full hearing (called an ex parte hearing). The incapacitated person may not be present at this initial review.
Step 6: Court order and appointment
If granted, you receive a court order appointing you as temporary guardian with specified powers. This order is your legal authority.
Step 7: Ongoing compliance
We advise on reporting requirements and next steps. If long-term authority is needed, we can file a plenary (full) guardianship petition while the temporary order is in effect.
Timeline and What to Expect
Filing to initial order: In genuine emergencies, courts typically grant an order within 1–7 days of filing. Some cases are resolved the same day.
Full hearing (if required): If the court requires a full hearing before granting temporary guardianship, it usually occurs within 10–14 days after filing.
Duration of temporary guardianship: 60 days from appointment. It can be extended if a full guardianship petition is pending.
Transition to plenary guardianship: If long-term authority is needed, a full guardianship petition can be filed while temporary guardianship is in effect, creating continuity of legal authority.
Realistic expectations: Courts prioritize true emergencies. Complete documentation, clear facts, and proper procedural compliance speed the process. Incomplete petitions or missing medical evidence cause delays.
Not sure what your next step is?
Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
What Robinson & Casey Brings to Your Emergency Petition
Immediate availability
We understand that emergencies don’t wait. We prioritize urgent guardianship matters and respond quickly to families in crisis.
Statewide experience
We handle emergency temporary guardianship petitions across Florida—not just South Florida. Our experience spans multiple counties and court systems.
Focused practice
Guardianship and Marchman Act matters are our sole focus. We know Florida guardianship law and local court procedures in depth. We’re not a general practice firm juggling dozens of practice areas.
Relationship with courts
We work regularly with judges, court staff, and medical professionals in guardianship proceedings. We understand local court expectations and procedures.
Comprehensive support
From petition drafting through appointment and transition to full guardianship, we manage the entire process. You’re not navigating this alone.
Clear communication
We explain each step, realistic timelines, and what you’ll need to provide. In a crisis, you deserve clarity—not legal jargon and uncertainty.
Common Questions About Emergency Temporary Guardianship Petitions
Q: Do I have to prove the person is incapacitated before filing?
Yes. You must provide medical evidence—a physician affidavit, hospital records, or evaluation—showing the person lacks capacity to make decisions. We help gather and present this documentation.
Q: Can I file without a lawyer?
You can file pro se (on your own), but the petition must meet strict Florida procedural and substantive requirements under Fla. Stat. Chapter 744. Errors can delay approval or result in denial. An attorney ensures compliance and speeds the process.
Q: What if the incapacitated person objects?
In an emergency temporary guardianship, the person may not have the opportunity to object before the initial order. However, they have the right to a full hearing and to contest the guardianship. We represent your interests and ensure the court has the facts it needs.
Q: How much does an emergency temporary guardianship petition cost?
Costs vary based on complexity, medical documentation needed, and court filing fees. We provide a clear estimate during your consultation.
Q: Can I transition from temporary to permanent guardianship?
Yes. If temporary guardianship is granted and long-term authority is needed, we can file a plenary (full) guardianship petition while the temporary order is in effect.
Q: What powers does a temporary guardian have?
Powers are specified in the court order and can include medical decisions, personal care, and limited financial authority. The scope depends on what the court finds necessary.
Q: How long does temporary guardianship last?
Sixty days from appointment. It can be extended if a full guardianship petition is pending.
Why Act Now
Delays in obtaining legal authority can result in missed medical treatment, financial harm, or unsafe conditions for your loved one. The sooner you file an emergency temporary guardianship petition, the sooner you can make necessary decisions on their behalf. Courts move faster when petitions are complete, accurate, and well-documented—we ensure yours meets that standard.
Next Steps
If you’re facing a situation where an adult family member has lost capacity and you need immediate legal authority to make decisions, Robinson & Casey is ready to help. We handle emergency temporary guardianship petitions for families across Florida.
Call us at (561) 849-4149 to speak with an attorney about your specific circumstances and whether an emergency temporary guardianship petition is the right path forward.
Schedule a consultation to discuss your situation in detail. Bring any medical records, hospital discharge summaries, or documentation of the person’s condition to your consultation.
The legal authority you need to protect your loved one is within reach. Reach out today.
What We Handle
Petition Preparation
We draft and file your emergency temporary guardianship petition according to Florida law, ensuring all required documentation is complete and submitted correctly.
Medical Evidence
We help you gather physician affidavits, hospital records, and clinical evaluations needed to demonstrate incapacity to the court.
Expedited Process
Emergency temporary guardianship moves through the court system faster than standard guardianship. We manage the timeline and filings.
Court Representation
We represent you in hearings and communicate with the court on your behalf throughout the process.
Medical Evidence Is Required
Florida law requires objective medical documentation—such as a physician affidavit or hospital evaluation—showing the person lacks capacity to make decisions. Without it, the court cannot grant your petition. We help you identify what evidence is needed and how to present it.
Common Questions
Do I need a lawyer to file?
You may file on your own (pro se), but emergency temporary guardianship petitions must meet strict Florida requirements. Errors or omissions can delay the process or result in dismissal. Working with a lawyer helps ensure your petition is complete and properly presented to the court.
What medical proof do I need?
You must provide documentation from a physician showing the person is incapacitated—unable to make decisions about their person or property. This may include a physician affidavit, hospital records, psychiatric or medical evaluation, or other clinical evidence. We help you gather and organize these materials.
How fast can the court act?
Emergency temporary guardianship is designed to move quickly. The court can grant temporary guardianship without a full hearing in some cases. However, timelines depend on the court's schedule and the completeness of your filing. We work to move your petition forward as efficiently as possible.
What happens after temporary guardianship is granted?
Temporary guardianship is a short-term order. You may need to file for plenary (permanent) guardianship, limited guardianship, or another form of guardianship depending on the person's needs and circumstances. We advise you on the next steps.