How to File for an Emergency Temporary Guardianship in Florida

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Emergency Guardianship in Florida

Suppose you are seeking temporary guardianship of a minor child or incapacitated adult in Florida, but you cannot wait for the typical 60 to 90 days for a court to hear your petition. In that case, you will need to file your petition under the State’s emergency fast-track procedures.

Residents of Martin or Palm Beach Counties or other parts of the Treasure Coast will have substantially greater chances of securing a successful outcome when they contact the Law Offices of Travis R. Walker to retain the services of a trusted and experienced guardianship attorney in Stuart, FL.

You Need to Show the Cause

The most common causes for an emergency temporary guardianship petition are when an individual’s mental or physical health or safety is in imminent danger. In addition, it is valid when the individual’s assets are at immediate risk of waste, misappropriation, loss, or dissipation. These situations might occur, for example, when a minor child’s parents have passed away or become incapacitated due to health problems or substance abuse. Another example is when an elderly adult loses the physical or mental capacity to manage their daily needs.

A court will conduct a hearing, consider testimony from witnesses, and review other evidence to determine if the circumstances require emergency temporary guardianship.

Emergency Temporary Guardianships are for a Limited Duration

Florida will not grant an emergency temporary guardianship that goes beyond 90 days. However, if the circumstances do not improve within that period, the guardian can seek a long-term temporary or permanent guardianship order. In that case, the court will review additional evidence of the prospective risks to the child’s or incapacitated adult’s health and welfare if the longer guardianship is not granted.

Emergency Temporary Guardianship in Florida infographic

The Guardian Must Be Related to the Child or Incapacitated Adult

Only adults related to the child or incapacitated adult by marriage or family will be granted a guardianship order. A temporary guardian is typically an uncle or aunt, grandparent or step-parent, sister, brother, or cousin. No temporary or permanent guardianships will be granted to an individual who cannot demonstrate a relationship with the child or incapacitated adult.

Let Us Help You File for an Emergency Temporary Guardianship

If you are related to a minor child or incapacitated adult in Florida whose basic needs are being neglected or whose assets are being misappropriated, do not hesitate to contact The Law Offices of Travis R. Walker. We will help you prepare and file a petition for an emergency temporary guardianship. Simply contact any one of our three law offices in Florida to get started.

Your Three Steps to Moving Forward

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2 icon - orange colorAttend a virtual or in-office consultation so we can better understand your case and determine how we can help guide you to success.

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