744.3031
Emergency temporary guardianship.
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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) Notice of filing of the petition for appointment of an emergency temporary guardian and a hearing on the petition must be served on the alleged incapacitated person and on the alleged incapacitated person’s attorney at least 24 hours before the hearing on the petition is commenced, unless the petitioner demonstrates that substantial harm to the alleged incapacitated person would occur if the 24-hour notice is given.
(3) 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.
(4) The authority of an emergency temporary guardian expires 90 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 90 days upon a showing that the emergency conditions still exist.
(5) 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.
(6) The emergency temporary guardian shall take an oath to faithfully perform the duties of a guardian before letters of emergency temporary guardianship are issued.
(7) 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.
(8) An emergency temporary guardian’s authority and responsibility begins upon issuance of letters of emergency temporary guardianship in accordance with s. 744.345.
(9)(a) An emergency temporary guardian shall file a final report no later than 30 days after the expiration of the emergency temporary guardianship.
(b) A court may not authorize any payment of the emergency temporary guardian’s final fees or the final fees of his or her attorney until the final report is filed.
(c) If an emergency temporary guardian is a guardian for the property, the final report must consist of a verified inventory of the property, as provided in s. 744.365, as of the date the letters of emergency temporary guardianship were issued, a final accounting that gives a full and correct account of the receipts and disbursements of all the property of the ward over which the guardian had control, and a statement of the property of the ward on hand at the end of the emergency temporary guardianship. If the emergency temporary guardian becomes the successor guardian of the property, the final report must satisfy the requirements of the initial guardianship report for the guardian of the property as provided in s. 744.362.
(d) If the emergency temporary guardian is a guardian of the person, the final report must summarize the activities of the temporary guardian with regard to residential placement, medical condition, mental health and rehabilitative services, and the social condition of the ward to the extent of the authority granted to the temporary guardian in the letters of guardianship. If the emergency temporary guardian becomes the successor guardian of the person, the report must satisfy the requirements of the initial report for a guardian of the person as stated in s. 744.362.
(e) A copy of the final report of the emergency temporary guardianship shall be served on the successor guardian and the ward.
History.—s. 19, ch. 89-96; s. 10, ch. 90-271; s. 1070, ch. 97-102; s. 5, ch. 2006-178; s. 6, ch. 2015-83.
Notes of Decisions
Cited in 27
cases (1 in the last 5 years), 1991–2021 · leading case: Blankfeld v. Richmond Health Care, Inc.
Blankfeld v. Richmond Health Care, Inc. (2005)
“[4] See § 744.3031(1) Fla. Stat. (2004) ("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.”
In Re Amendments to the Fl. Probate Rules (2007)
“Statutory References § 744.3031, Fla. Stat. Emergency temporary guardianship.”
Jasser v. Saadeh (2012)
“Section 744.3031(1), Florida Statutes (2008), permits the appointment of an ETG only after a petition for determination of incapacity has been filed.”
Glenda Martinez Smith v. J. Alan Smith (2016)
“The court appointed the attorney to represent Smith “in all matters pending under Section 744.3031(2) Petition for Determination of Temporary Guardian .”
Barrier v. JFK Medical Center Ltd. Partnership (2015)
“See § 744.3031, Fla. Stat. (1989). However, shortly thereafter an amendment to the statute became effective which permitted an ETG to act as guardian of the property also.”
Karim H. Saadeh v. Michael Connors, Colette Meyer Deborah Barfield and Jacob Noble (2015)
“See § 744.3031(1), Fla. Stat. (2009). The court must appoint counsel to represent the emergency temporary guardian.”
Faulkner v. Faulkner (2011)
“; see also § 744.3031(1), Fla. Stat. (authorizing the appointment of an emergency temporary guardian prior to appointment of a guardian and after a petition for determination of incapacity has been filed).”
In Re Amendments to the Florida Probate Rules (1991)
“*971 § 744.3031, Fla. Stat. Emergency temporary guardianship.”
Batzle v. Baraso (2001)
“The legislature, in promulgating F.S. 744.3031, had a basis for requiring that an emergency temporary guardian’s powers be enumerated and that a 30 day extension of the powers could be granted only upon a showing that the original emergency still existed.”
Amendments to the Florida Probate Rules (2003)
“§ 744.3031, Fla. Stat. Emergency temporary guardianship.”
Linde v. Linde (2016)
“Pursuant to section 744.3031, the trial court also appointed Temporary Guardian as the emergency temporary guardian of Ward and appointed counsel for Ward.”
Ly v. DEPT. OF HEALTH & REHAB. (1997)
“§ 744.3031, Fla. Stat. Moreover, an 18-21 year old receiving benefits can seek judicial review of any final action of HRS that adversely affects that individual pursuant to the Administrative Procedure Act, section 120.”
— 744.3031(1) — 14 cases
Blankfeld v. Richmond Health Care, Inc. (2005)
“[4] See § 744.3031(1) Fla. Stat. (2004) ("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.”
Jasser v. Saadeh (2012)
“Section 744.3031(1), Florida Statutes (2008), permits the appointment of an ETG only after a petition for determination of incapacity has been filed.”
Karim H. Saadeh v. Michael Connors, Colette Meyer Deborah Barfield and Jacob Noble (2015)
“See § 744.3031(1), Fla. Stat. (2009). The court must appoint counsel to represent the emergency temporary guardian.”
Faulkner v. Faulkner (2011)
“; see also § 744.3031(1), Fla. Stat. (authorizing the appointment of an emergency temporary guardian prior to appointment of a guardian and after a petition for determination of incapacity has been filed).”
In Re Amendments to the Fl. Probate Rules (2007)
“Statutory References § 744.3031, Fla. Stat. Emergency temporary guardianship.”
— 744.3031(2) — 2 cases
Glenda Martinez Smith v. J. Alan Smith (2016)
“The court appointed the attorney to represent Smith “in all matters pending under Section 744.3031(2) Petition for Determination of Temporary Guardian .”
— 744.3031(3) — 5 cases
In Re Amendments to the Fl. Probate Rules (2007)
“Statutory References § 744.3031, Fla. Stat. Emergency temporary guardianship.”
Barrier v. JFK Medical Center Ltd. Partnership (2015)
“See § 744.3031, Fla. Stat. (1989). However, shortly thereafter an amendment to the statute became effective which permitted an ETG to act as guardian of the property also.”
Kemp v. Berschback (2016)
Kemp v. Berschback (2016)
— 744.3031(4) — 3 cases
Kemp v. Berschback (2016)
Kemp v. Berschback (2016)
— 744.3031(8) — 1 case
In Re Amendments to the Fl. Probate Rules (2007)
“Statutory References § 744.3031, Fla. Stat. Emergency temporary guardianship.”
— 744.3031(8)(b) — 2 cases
Kemp v. Berschback (2016)
Kemp v. Berschback (2016)
— 744.3031(8)(c) — 2 cases
Kemp v. Berschback (2016)
Kemp v. Berschback (2016)
— 744.3031(d) — 1 case
Batzle v. Baraso (2001)
“The legislature, in promulgating F.S. 744.3031, had a basis for requiring that an emergency temporary guardian’s powers be enumerated and that a 30 day extension of the powers could be granted only upon a showing that the original emergency still existed.”
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