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Florida Statute 744.3031 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS
Chapter 744
GUARDIANSHIP
View Entire Chapter
F.S. 744.3031
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.

F.S. 744.3031 on Google Scholar

F.S. 744.3031 on Casetext

Amendments to 744.3031


Arrestable Offenses / Crimes under Fla. Stat. 744.3031
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.3031.

Annotations, Discussions, Cases:

Cases Citing Statute 744.3031

Total Results: 20

THOMAS J. FOSTER, SR. v. CHRISTA RADULOVICH, THE EMERGENCY TEMPORARY GUARDIAN

Court: District Court of Appeal of Florida | Date Filed: 2021-09-29

Snippet: or both, of an alleged incapacitated person. § 744.3031(1). While the trial court must make specific

BEULAH COVEY v. LINDA SHAFFER

Court: District Court of Appeal of Florida | Date Filed: 2019-07-03

Snippet: further ninety days, as is permitted by section 744.3031(4), Florida Statutes (2018). At oral argument

Wallace v. Comprehensive Pers. Care Servs., Inc.

Court: District Court of Appeal of Florida | Date Filed: 2019-06-26

Citation: 275 So. 3d 782

Snippet: emergency temporary guardian pursuant to section 744.3031, a procedure available when the court specifically

Wallace v. Comprehensive Pers. Care Servs., Inc.

Court: District Court of Appeal of Florida | Date Filed: 2019-06-26

Citation: 275 So. 3d 782

Snippet: emergency temporary guardian pursuant to section 744.3031, a procedure available when the court specifically

Kemp v. Berschback

Court: District Court of Appeal of Florida | Date Filed: 2016-11-18

Citation: 204 So. 3d 143, 2016 Fla. App. LEXIS 17250

Snippet: guardian just described has been completed. § 744.3031(1). Before appointing an emergency temporary guardian

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

Court: Supreme Court of Florida | Date Filed: 2016-09-15

Citation: 200 So. 3d 761, 41 Fla. L. Weekly Supp. 384, 2016 Fla. LEXIS 2037, 2016 WL 4916772

Snippet: statutory references. Statutory References § 744.3031, Fla. Stat. Emergency temporary guardianship.

Linde v. Linde

Court: District Court of Appeal of Florida | Date Filed: 2016-09-07

Citation: 199 So. 3d 1102, 2016 Fla. App. LEXIS 13400, 2016 WL 4651336

Snippet: a guardian for Ward. Pursuant to section 744.3031, the trial court also appointed Temporary Guardian

Kemp v. Berschback

Court: District Court of Appeal of Florida | Date Filed: 2016-08-10

Snippet: guardian just described has been completed. § 744.3031(1). Before appointing an emergency temporary

Glenda Martinez Smith v. J. Alan Smith

Court: District Court of Appeal of Florida | Date Filed: 2016-03-02

Citation: 199 So. 3d 911, 2016 Fla. App. LEXIS 3130

Snippet: represent Smith “in all matters pending under Section 744.3031(2) Petition for Determination of Temporary Guardian_”

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

Court: Supreme Court of Florida | Date Filed: 2015-12-17

Citation: 181 So. 3d 480, 40 Fla. L. Weekly Supp. 703, 2015 Fla. LEXIS 2810, 2015 WL 9264021

Snippet: ch.2015-83, § 6, Laws of Fla. (amending section 744.3031, Florida Statutes, to require that notice of filing

Karim H. Saadeh v. Michael Connors, Colette Meyer Deborah Barfield and Jacob Noble

Court: District Court of Appeal of Florida | Date Filed: 2015-06-24

Citation: 166 So. 3d 959, 2015 Fla. App. LEXIS 9575

Snippet: property from imminent harm. See § 744.3031(1), Fla. Stat. (2009). The court must appoint

Barrier v. JFK Medical Center Ltd. Partnership

Court: District Court of Appeal of Florida | Date Filed: 2015-06-17

Citation: 169 So. 3d 185, 2015 Fla. App. LEXIS 9264, 2015 WL 3759641

Snippet: person’s health, safety, or property. Section 744.3031, Florida Statutes (2010), on ETGs provides: (1)

Martinez v. Cramer

Court: District Court of Appeal of Florida | Date Filed: 2013-08-07

Citation: 121 So. 3d 580, 2013 WL 4006526, 2013 Fla. App. LEXIS 12357

Snippet: a “summary proceeding” for purposes of section 744.3031(1). We reverse and remand for further proceedings

Martinez v. Cramer

Court: District Court of Appeal of Florida | Date Filed: 2013-06-19

Citation: 125 So. 3d 974, 2013 WL 3014005, 2013 Fla. App. LEXIS 9647

Snippet: counsel for Smith. Martinez relies on section 744.3031(1), Florida Statutes (2012), and especially that

Jasser v. Saadeh

Court: District Court of Appeal of Florida | Date Filed: 2012-07-18

Citation: 97 So. 3d 241, 2012 Fla. App. LEXIS 11670, 2012 WL 2912950

Snippet: of guardianship, or terminate the same. Section 744.3031(1), Florida Statutes (2008), permits the appointment

Faulkner v. Faulkner

Court: District Court of Appeal of Florida | Date Filed: 2011-07-22

Citation: 65 So. 3d 1167, 2011 Fla. App. LEXIS 11450, 2011 WL 2937302

Snippet: incapacity. See § 744.3201(3), Fla. Stat.; see also § 744.3031(1), Fla. Stat. (authorizing the appointment of

In Re Amend. to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2008-07-10

Citation: 986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Snippet: of the procedure found in sections 744.109 and 744.3031, Florida Statutes. It is not intended to change

In Re Amendments to the Fl. Probate Rules

Court: Supreme Court of Florida | Date Filed: 2007-07-12

Citation: 964 So. 2d 140, 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458

Snippet: Committee did not address the amendments to section 744.3031, Florida Statutes ("Emergency temporary guardianship")

In Re Guardianship of Schiavo

Court: District Court of Appeal of Florida | Date Filed: 2005-09-16

Citation: 932 So. 2d 264, 2005 WL 2248010

Snippet: "vulnerable adults" under section 415.102(26). See § 744.3031. Chapter 415 gives authority to the DCF to protect