When a vulnerable person’s safety or property is in immediate danger, waiting for an ordinary guardianship proceeding to unfold may not be an option.
Florida law provides a procedure for seeking appointment of an Emergency Temporary Guardian, commonly referred to as an ETG, when the required circumstances exist.
At The Gigele Law Firm, our attorneys represent families and interested parties in emergency guardianship proceedings throughout Martin County, St. Lucie County, Palm Beach County, and surrounding Florida communities.
What Is an Emergency Temporary Guardian?
An Emergency Temporary Guardian is a court-appointed guardian given limited authority to address an immediate threat while the broader incapacity and guardianship proceedings remain pending.
Florida law permits an ETG to be appointed after a petition to determine incapacity has been filed when the court specifically finds that there appears to be imminent danger that the person’s physical or mental health or safety 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 powers granted to the ETG must be specifically identified by the court.
When Might Emergency Guardianship Be Necessary?
Every case is fact-specific, but circumstances may include:
- substantial or unusual withdrawals from accounts;
- suspected financial exploitation;
- attempted transfers of real estate;
- rapidly disappearing assets;
- misuse of a power of attorney;
- a dangerous or unsanitary living situation;
- interference with necessary healthcare;
- an urgent need for medical or residential decisions;
- isolation of a vulnerable person from family or professionals; or
- another imminent threat to the person’s health, safety, or property.
The issue is not simply whether someone could benefit from assistance. Emergency relief requires circumstances that justify immediate intervention.
Emergency Guardianship and Financial Exploitation
Many ETG proceedings begin because a family discovers alarming financial activity.
A vulnerable adult may suddenly be:
- transferring large sums of money;
- adding another person to financial accounts;
- signing deeds;
- changing beneficiaries;
- making unusual gifts;
- liquidating investments;
- giving substantial assets to a caregiver or acquaintance; or
- allowing an agent under a power of attorney to control virtually all finances.
When assets are actively disappearing, speed can matter.
An emergency guardianship proceeding may sometimes be used together with other legal remedies depending upon the facts.
Emergency Guardianship and Power of Attorney Abuse
A durable power of attorney does not necessarily prevent emergency intervention.
Florida law contains specific provisions governing what happens to authority under a power of attorney when incapacity proceedings begin. Different rules apply depending upon the relationship between the principal and the agent, and Florida law provides a procedure for seeking suspension of certain authority based on grounds including abuse of powers or danger that property may be wasted, misappropriated, or lost.
Read more about Power of Attorney Abuse in Florida.
How Long Does an Emergency Temporary Guardianship Last?
Under Florida’s current statute, an ETG’s authority generally expires 60 days after appointment or upon appointment of a guardian, whichever occurs first. The authority may be extended for an additional 30 days when the statutory requirements are satisfied.
An ETG is therefore intended to address the emergency—not replace the longer-term guardianship process.
What Powers Does an ETG Have?
The ETG does not automatically receive unlimited control.
The court order must identify the particular powers granted. Those powers should relate to the emergency that justified the appointment.
Depending upon the circumstances, authority might involve personal decisions, financial matters, or both.
Responding to an Emergency Guardianship Petition
Emergency guardianship proceedings can also be contested.
The person alleged to be incapacitated has rights, including representation by counsel during the summary proceeding.
A proposed ETG application may be challenged where:
- no genuine emergency exists;
- less restrictive measures can address the concern;
- factual allegations are inaccurate;
- the proposed guardian is unsuitable;
- family conflict is being characterized as an emergency;
- existing fiduciaries are appropriately managing the situation; or
- the requested authority is broader than necessary.
Speak With Florida Emergency Guardianship Attorneys
Emergency guardianship cases move quickly and often involve significant consequences for everyone involved.
If you believe a vulnerable adult’s health, safety, or assets are in immediate danger—or you need to respond to a request for emergency guardianship—contact The Gigele Law Firm at (772) 222-6548.
Our attorneys assist clients with emergency guardianship proceedings throughout the Treasure Coast and South Florida.