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What is a temporary emergency guardianship?

Few in Miami may seriously contemplate the possibility that they could end up in an incapacitated state where they may be unable to make decisions for themselves. This may be the reason why so many may fail to specifically name someone to act in their place should something like that happen. Yet unanticipated events could leave one of your friends or family members needing such representation almost at a moment’s notice. In such an event, you could petition to be named as his or her emergency temporary guardian.

What is a emergency temporary guardianship? According to the Florida state statutes, such authority can be bestowed if a petition for determination of capacity has been commenced for your loved one, yet a permanent guardian has yet to be named. In order for such authority to be granted, the court must first determine that the physical or mental health of your friend or family member is in imminent danger. It may also be bestowed if it is believed that your loved one’s condition places his or her property at risk of being:

  •          Lost
  •          Wasted
  •          Misappropriated

You or any other party interested in your loved one’s welfare may petition to be named his or her emergency temporary guardian. The court may also order such an appointment without a petition if it deems it to be necessary.

Your authority as your family member or friend’s emergency temporary guardian is limited to that which is enumerated by the court order. That authority remains in place for up to 90 days after the date which on which the appointment was made. You are then required to submit a final report detailing your actions while you were serving as your loved one’s guardian within 30 days from the date your appointment expired.  

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