When Urgent Action Is Needed to Protect a Vulnerable Adult
Sometimes a loved one becomes incapacitated so suddenly—and the risk to their health, safety, or finances is so serious—that immediate legal intervention is necessary. In these situations, Florida law allows for an emergency temporary guardianship (ETG). It’s a powerful tool, but it’s also tightly controlled by the courts to prevent misuse. If you believe someone you care about is in urgent danger, understanding how emergency guardianships work is the first step.
What Is an Emergency Temporary Guardianship?
An ETG is a short-term court appointment that gives someone legal authority to make decisions for an alleged incapacitated person—known as the ward—when there’s a threat of imminent harm. The guardian may be authorized to manage the person’s health care, housing, finances, or personal welfare depending on the court order.
Emergency guardianships are designed to be temporary. They generally last no more than 90 days, and they are only granted when a judge determines that waiting for a full guardianship hearing could result in serious harm.
When Is an ETG Appropriate?
Florida courts may grant an emergency temporary guardianship when:
- A vulnerable adult is being exploited, abused, or neglected
- There is a sudden medical crisis and no one has legal authority to act
- The individual is unable to care for themselves and lacks an advance directive
- Delaying action would pose a risk to their safety or property
These cases often arise when no durable power of attorney or health care surrogate is in place, and family members must intervene quickly.
How to File for Emergency Guardianship
The process begins with filing a petition in the probate court, along with evidence that the person is incapacitated and that immediate action is needed. The court will review the petition, often hold a prompt hearing, and—if granted—issue letters of emergency guardianship authorizing the appointed person to act.
The petitioner must also file a separate petition for determination of incapacity and a petition for permanent guardianship, which are processed in parallel with the emergency request.
Limitations and Responsibilities
Emergency guardians have legal duties to act in the ward’s best interests and must follow the court’s specific orders. The guardian must file an initial report outlining the ward’s condition and the actions taken, and may be required to post a bond or undergo background checks.
Act Fast—But With Caution
Emergency guardianship is a serious legal step, and courts do not grant it lightly. That’s why it’s important to consult an experienced guardianship attorney who understands both the urgency and the legal requirements involved.
Get Legal Help Right When You Need It
Yelen Yelen & Simon, P.A. has decades of experience helping Florida families protect their loved ones through emergency and permanent guardianships. If someone you love is at risk and needs immediate help, call (305) 445-3721 or request a consultation at https://www.yelen-yelen.com/contact/ today.