What Is Emergency Guardianship In Florida?

When a sudden illness or accident happens, families sometimes need fast legal solutions to ensure their incapacitated loved one is cared for. An emergency temporary guardianship (ETG) in Florida allows families to act quickly when a vulnerable loved one is no longer able to make their own decisions and require protection. Successfully petitioning the court for an ETG requires certain elements of proof and there are several steps involved. Below, our Daytona Beach guardianship lawyer explains in greater detail.

What is an ETG? 

In Florida, an emergency temporary guardianship is a legal process that involves the court appointing another person to act as a temporary guardian for someone who is allegedly incapacitated and there is a risk of imminent danger to the incapacitated individual’s health, safety, or property. Unlike other types of guardianships, which can take months for a court to resolve, an ETG is a much faster process. In most situations, an ETG can be appointed in just a matter of days.

Also unlike other types of guardianships, ETGs are not intended to be long-term. Instead, they provide for a temporary arrangement until family members can plan more permanent solutions. Once an ETG has been granted, the guardian can make many different types of decisions for the incapacitated individual. These include decisions regarding daily care needs, medical treatments, essential services, and asset protection.

How to Obtain an ETG 

The court will need to consider many factors before granting an ETG. These are as follows:

• Evidence of imminent danger: ETGs are only available when there is an emergency situation and an incapacitated individual is in immediate danger. For example, if a person is being neglected in a nursing home, family members may try to obtain an ETG to make decisions on their behalf, such as removing them from the nursing home.
• Need for immediate action: Again, ETGs are used in emergency situations and as such, the petitioner must also show that immediate action is required.
• Evidence: The individual petitioning the court should present certain evidence such as reports of neglect, medical reports, or evidence of financial mismanagement to support their claims.

Next Steps 

Emergency temporary guardianships are terminated after 90 days. If necessary, the court may extend this timeline but it is never guaranteed. Family members should use the 90 days to determine what they are going to do for the long-term and start making arrangements for it.

Call Our Guardianship Lawyer in Daytona Beach Today 

If your family member requires an emergency temporary guardianship, time is of the essence and it is critical that you act quickly. At Bundza & Rodriguez, our Daytona Beach guardianship lawyer can advise on whether your family member requires an ETG, guide you through the process, and help you prove your case so you obtain the best possible outcome. We can also determine if a permanent guardian is the next step to take. Call us now at 386-252-5170 or contact us online to schedule a consultation and to get the legal help you need.

Source:

flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Guardianship