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KNOW YOUR RIGHTS AT AN ORLANDO, FLORIDA EMERGENCY TEMPORARY GUARDIANSHIP HEARING

Do you know what your rights are at an Orlando, Florida Emergency Temporary Guardianship Hearing?

If someone files an Incapacity and Guardianship case against you claiming that you are incapacitated and need a guardianship, you have certain rights. The court will appoint a court-appointed attorney for you. However, you have the right to hire an attorney that you choose. You also have a right to have your attorney at an emergency temporary guardianship hearing. Most importantly, you have a right to a hearing prior to the court entering an emergency temporary guardianship against you. The court should not enter an ex-party order granting an emergency temporary guardianship. 

Section 744.3031 Florida Statutes states that notice of filing the petition for appointment of the emergency temporary guardian and hearing be served on the alleged incapacitated person and the alleged incapacitated person’s attorney at least 24 hours prior to the hearing unless the petitioner demonstrates substantial harm to the alleged incapacitated person would occur if the 24-hour notice was given. 

Section 744.3031 Florida Statutes and Florida Probate Rule 5.648 together set forth the procedures for appointment of an emergency temporary guardian. Section 744.3031 provides:

(1) A court prior to the 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 an 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 that person may apply to the court in which the proceeding is pending for the emergency appointment of a temporary guardian. The powers and duties of the emergency temporary guardian must be specifically enumerated by court order. The court shall appoint counsel to represent the alleged incapacitated person during any such summary proceedings, and  such appointed counsel may request that the proceeding be recorded and transcribed. 

(2) Notice of filing of the petition for appointment of an emergency temporary guardian and a hearing on the 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 substantial harm to the alleged incapacitated person would occur if the 24-hour notice is given. 

If you have more questions regarding a Guardianship 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.