Emergency Temporary Guardian
Guardianships and Guardianship Litigation in St. Petersburg, Clearwater, Tampa, Sarasota, Pinellas County and surrounding West Florida areas.
In some circumstances, a guardianship is filed because there is ongoing financial and/or physical exploitation of an incapacitated person. Sadly, we far too often see opportunistic third parties exploit elderly persons for financial gain. In other situations, elderly or incapacitated persons are abandoned or neglected without access to proper health care or safety measures. In these instances, there is a need to protect the Ward immediately, rather than awaiting the formal guardianship hearing to be scheduled.
When these immediate concerns arise, the petitioning party, either subsequent to or contemporaneously with the filing of a formal guardianship, may also petition the court for the appointment of an emergency temporary guardian. If the Court warrants the matter as a potential emergency based off the written pleading, the Court will typically schedule an emergency hearing within a week, or even a few days. At the emergency hearing, interested persons have the ability to introduce evidence to the Court that would support the appointment of an emergency guardian on a temporary basis. The appointment of a temporary guardian does not negate the necessity to have a final hearing on the formal guardianship.
If appointed, the authority of the temporary emergency guardian expires after 90 days or whenever a formal guardian is appointed, whichever occurs first. The authority of the emergency temporary guardian may be extended for an additional 90 days upon a showing that the emergency situation still exists.
If you are considering filing a guardianship, or are otherwise involved in pending guardianship litigation, please contact our office, as our attorneys routinely handle guardianships, contested guardianships and guardianship litigation in the courts of St. Petersburg, Clearwater, Tampa, Sarasota, Pinellas County and the surrounding West Florida areas.