What Is A Temporary Guardianship?
The process to get a guardianship can be a long one. But sometimes, that’s OK. Because many times, we just see the need for a guardianship emerging, but there is no imminent emergency.
However, sometimes something happens, or a loved one takes a turn for the worst, and suddenly, there is an immediate need for a guardianship to be established.
The Normal Guardianship Process
In normal cases, there are many steps to a guardianship or to establish that one is necessary. For example, when the petitions or guardianship is filed the court will then appoint an attorney to represent the incapacitated person.
A committee of court appointed experts will then examine the incapacitated person to see if they need a guardianship, and if so, whether a full or partial guardianship is needed.
Hearings then need to be held and then the paperwork process for the guardian is established if the court determines that one is necessary.
When You Can’t Wait That Long
But there are times when things cannot wait—for example, if someone suffers a heart attack, stroke, or is in an accident, and suddenly, someone needs to manage that person’s affairs immediately. The law recognizes this, and has established procedures for an emergency guardianship.
The Emergency Guardianship
To get an emergency guardianship, the petitioner must show that the incapacitated person or their assets are in immediate risk of being lost, wasted or mismanaged, or that the safety of the incapacitated person is in immediate danger if a guardian isn’t immediately appointed.
This is a temporary guardianship, so if approved by the court, it will only last for 90 days. A full guardianship can then be utilized if there is a continuing need.
When Are They Used?
Emergency guardianships aren’t just for medical conditions that may suddenly arise or get worse.
For example, family will often discover that someone who is ill is being taken advantage of by someone else—for example, an elderly person whose caretaker is convincing the elderly person to sign over their assets and the elderly person is, because of some illness or condition, not able to recognize that they are being defrauded.
Another situation may be where a son or relative is seeking to take an elderly or sick person out of state, and the family believes this is not in the elderly, incapacitated person’s best interest. The family can ask for a neutral guardian to be appointed to avoid this from happening.
Getting an Injunction
It is worth noting that the elderly can obtain an injunction to avoid being taken advantage of. This is a good option when an elderly person may not be fully incapacitated, and thus, may not be eligible for a guardian, but when the elderly person or his or her family, want to avoid the elderly person from being taken advantage of.
If you have an emergency that may require the immediate appointment of a guardian we can help. Contact the Tampa guardianship lawyers at Gilbert Garcia Law Group, P.A. today