Some guardianship cases can wait 60 to 90 days for the standard process. Others cannot wait 60 hours.

When there is imminent danger to a person’s health, safety, or property, Florida law provides a mechanism for emergency court intervention. It is called an Emergency Temporary Guardianship (ETG), and when used correctly, it can protect a vulnerable person before irreversible harm occurs.

Here are the situations that bring families to our office on an emergency basis.

When Emergency Guardianship Applies

Under F.S. §744.3031, a court may appoint an Emergency Temporary Guardian when:

• • There is imminent danger that the physical or mental health of the alleged incapacitated person will be seriously impaired
• • There is imminent danger that the property of the alleged incapacitated person will be wasted, misappropriated, or lost
• • There is probable cause to believe the person is incapacitated, AND
• • Waiting for the standard guardianship process would result in harm that cannot be undone
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In our practice, we see emergency petitions most often in three scenarios:

Financial exploitation. A caretaker, “friend,” or distant relative is draining an elderly person’s bank accounts. By the time the standard guardianship process concludes, the money could be gone.

Medical emergency. An incapacitated person needs surgery or a medical decision, and there is no one with legal authority to consent. The hospital cannot proceed without authorization.

Unsafe living conditions. A person with advanced dementia is living alone in conditions that pose an immediate risk to their health or safety, and they refuse help.

How Fast Can a Florida Court Act?

Fast. In Miami-Dade County, emergency guardianship hearings can be scheduled within days of filing. In some cases, a judge may grant an ex parte order (without a full hearing) if the petition demonstrates clear and convincing evidence of imminent danger.

The court can appoint an Emergency Temporary Guardian for a period of up to 90 days, which can be extended for an additional 90 days. During this period, the standard guardianship proceedings continue. The ETG is a bridge, not a permanent solution.

What Powers Does an Emergency Temporary Guardian Have?

The court defines the ETG’s authority in the order. Typical powers include:

• • Authority to consent to medical treatment
• • Authority to freeze or protect financial accounts
• • Authority to relocate the ward to a safe environment
• • Authority to restrict access by persons who may be exploiting the ward
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The ETG does not automatically receive all guardianship powers. The court grants only the authority necessary to address the specific emergency. This is consistent with Florida’s requirement that guardianship always be the least restrictive alternative.

What You Need to File

An emergency guardianship petition must include:

• • A description of the emergency and imminent danger
• • Facts supporting the belief that the person is incapacitated
• • Why less restrictive alternatives are insufficient
• • The specific authority being requested
• • The petitioner’s relationship to the alleged incapacitated person
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The quality of this petition matters enormously. Judges see emergency petitions regularly, and weak or vague filings are denied. The petition must present clear, specific, and compelling facts.