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Obtaining an Emergency Temporary Guardianship in the Orlando, Florida Area

In order to obtain an Emergency Temporary Guardianship in the Orlando, Florida area, Florida Statute section 744.301 and Florida Probate Rule 5.648 together set forth the procedure for the appointment of an emergency temporary guardian. Florida Statute 744.3031 provides:

1. A court prior to appointment of a guardian but after a petition for determination of incapacity has been filed pursuant to this chapter, may appoint an emergency temporary guardian for the person or property, or both, of the alleged incapacitated person. The court must specifically find that there appears to be imminent danger that the physical or mental health or safety of the person will be seriously impaired or that the person’s property is in danger of being wasted, misappropriated, or lost unless immediate action is taken. The subject of the proceeding or any adult interested in the welfare of the person may apply to the court in which the proceeding is pending for the emergency appointment of temporary guardian. The powers and duties of the emergency temporary guardian must be specifically numerate by court order. The court shall appoint counsel to represent the alleged incapacitated person during any such summary proceedings, 
2. And such appointed counsel may request that the proceedings be recorded and transcribed. 

Notice of filing the petition for appointment of an emergency temporary guardian and hearing on that petition must be served on the alleged incapacitated person and on the alleged incapacitated person’s attorney at least 24 hours before the hearing on the petition is commenced, unless the petitioner demonstrates that the substantial harm to the alleged incapacitated person would occur if the 24-hour notice is given. 

Florida Statute 744.3031(4) states that an emergency temporary guardianship expires after ninety (90) days or when a guardian is appointed, whichever occurs first, and may be extended for an additional ninety (90) days. 

If the emergency temporary guardianship is extended, you must obtain a stipulation of the parties, or if the parties object, you will need to file a motion to extend the examining committee reports and set a hearing on your motion. If the court signs an order that the examining committee members’ reports are not stale; and they may be continued and used at the permanent guardianship hearing, then you avoid having to have the examining committee re-examine the Ward and issue new examining committee reports for the permanent guardianship hearing. This will save time and money in the case. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https//: www.AnnMarieGildenLaw.com

This article is for informational purposes only; and it does not form an attorney client privilege.