The Florida Senate

744.3031  Emergency temporary guardianship.--

(1)  A court, prior to appointment of a guardian but after a petition for determination of incapacity has been filed pursuant to this chapter, may appoint an emergency temporary guardian for the person or property, or both, of an alleged incapacitated person. The court must specifically find that there appears to be imminent danger that the physical or mental health or safety of the person 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 subject of the proceeding or any adult interested in the welfare of that person may apply to the court in which the proceeding is pending for the emergency appointment of a temporary guardian. The powers and duties of the emergency temporary guardian must be specifically enumerated by court order. The court shall appoint counsel to represent the alleged incapacitated person during any such summary proceedings, and such appointed counsel may request that the proceeding be recorded and transcribed.

(2)  The court may appoint an emergency temporary guardian on its own motion if no petition for appointment of guardian has been filed at the time of entry of an order determining incapacity.

(3)  The authority of an emergency temporary guardian expires 60 days after the date of appointment or when a guardian is appointed, whichever occurs first. The authority of the emergency temporary guardian may be extended for an additional 30 days upon a showing that the emergency conditions still exist.

(4)  The court may issue an injunction, restraining order, or other appropriate writ to protect the physical or mental health or safety of the person who is the ward of the emergency temporary guardianship.

(5)  The emergency temporary guardian shall take an oath to faithfully perform the duties of a guardian before letters of emergency temporary guardianship are issued.

(6)  Before exercising authority as guardian, the emergency temporary guardian of the property may be required to file a bond in accordance with s. 744.351

(7)  An emergency temporary guardian's authority and responsibility begins upon issuance of letters of emergency temporary guardianship in accordance with s. 744.345

History.--s. 19, ch. 89-96; s. 10, ch. 90-271; s. 1070, ch. 97-102.