{"id":16695,"date":"2026-11-03T09:14:35","date_gmt":"2026-11-03T09:14:35","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/emergency-temporary-guardianship-florida\/emergency-temporary-guardianship-petition-documentation\/"},"modified":"2026-11-08T19:33:18","modified_gmt":"2026-11-08T19:33:18","slug":"emergency-temporary-guardianship-petition-documentation","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/emergency-temporary-guardianship-florida\/emergency-temporary-guardianship-petition-documentation\/","title":{"rendered":"Emergency Temporary Guardianship Petition Documents in FL"},"content":{"rendered":"\n
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Guardianship & Marchman Act | Miami-Dade and South Florida<\/p>

Emergency Temporary Guardianship Petitions: Know What to Prepare<\/h1>

Robinson Casey focuses on Marchman Act and guardianship matters for families across South Florida and statewide. Here is a clear guide to the documents that often support an emergency petition.<\/p>

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By Richard J. Casey III, Esq. \u00b7 Published November 3, 2026<\/p>\n\n

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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<\/a>.<\/p>\n

What documentation and evidence must be submitted to support an emergency temporary guardianship petition?<\/h2>\n

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.<\/p>\n

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. \u00a7 744.3031<\/a> sets that standard.<\/p>\n

Fla. Prob. R. 5.648<\/a> 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.<\/p>\n

Gather everything before you file. Make a checklist of what you have and what is still missing.<\/p>\n\n

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If your loved one's safety or money is at risk right now, you don't have to sort out these papers alone. We can talk through what you already have. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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What the verified petition itself must set out<\/h2>\n

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.<\/p>\n

Under Fla. Prob. R. 5.648<\/a>, 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.<\/p>\n

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.<\/p>\n

Under Fla. Stat. \u00a7 744.334<\/a>, 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.<\/p>\n

The petition must be verified. Under Fla. Stat. \u00a7 92.525<\/a>, 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. \u00a7 92.525<\/a> reads: “(2) A written declaration means the following statement: \u201cUnder penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true,\u201d 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 \u201cto the best of my knowledge and belief\u201d 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.<\/p>\n

What evidence shows imminent danger to your loved one?<\/h2>\n

Dated records that show what is happening now back up the danger your petition describes. Keep each item organized by date.<\/p>\n