What is emergency guardianship?

What Is Emergency Guardianship? 2 Reasons You Might Need One

In Guardianships by casalmorenoblog

What is an emergency guardianship and why might you need one? This article explains the two scenarios that could require you to file.

When a person lacks the ability to make decisions concerning their finances or health, guardianship is often necessary to protect them from harm. A guardian makes sure that the person who requires a guardianship—known as the incapacitated person—has everything they need to live a safe, healthy life.

In some cases, an emergency guardianship may be necessary to protect the incapacitated person during the time it takes for a permanent guardian to be appointed.

What is emergency guardianship in Florida?

In Florida, an emergency guardianship is a temporary guardianship that may be appointed prior to the appointment of a permanent guardian. The process for appointing is often lengthy, so if an emergency situation that puts the alleged incapacitated person in immediate physical or financial danger arises, emergency guardianships allow the court to name someone to make decisions on their behalf until the permanent guardian is appointed.

When to File for an Emergency Guardianship

  1. The alleged incapacitated person is in imminent danger.

If the alleged incapacitated person’s physical or mental health are in danger of being compromised because they have no one to care for them, it may be necessary to file to become an emergency guardian. 

  1. The alleged incapacitated person’s property is at risk of being wasted, misappropriated, or lost.

Alternatively, if the alleged incapacitated person’s property or finances are at risk of being wasted, misappropriated, or lost, the courts may grant an emergency guardianship to protect them.

How the Process Works

If you suspect that someone who is in the process of being appointed a guardian is at immediate risk of harm or exploitation, you can file a petition with the court to appoint a temporary emergency guardian. After you file the petition, the court will appoint an attorney to represent the alleged incapacitated person. The attorney will then visit them to review the claims of the petition and provide the court with an assessment of their accuracy.

After meeting with the alleged incapacitated person, the attorney will attend a hearing on their findings. In cases that warrant intervention, the court usually appoints an emergency guardian immediately following this hearing.

Because guardianship cases are often complex, it is critical that you seek the help of an experienced attorney if you wish to become an emergency guardian for a loved one while they wait to be assigned a permanent guardian.

Gain an Emergency Guardianship over Your Loved One

Are you concerned about the safety of a loved one who is in the process of being appointed a guardian? Speak with an attorney today about whether an emergency guardianship is your best option.

Ready to discuss your case? At Casal & Moreno, we are ready to help. Get in touch with us today to schedule a meeting with one of our attorneys.