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Tampa Business Litigation Attorneys / Tampa Emergency Temporary Guardian Attorney

Tampa Emergency Temporary Guardian Attorney

When an individual is no longer able to make decisions for themselves, the court may appoint someone else to make decisions for them. This person is known as a guardian. The guardianship process can be quite lengthy. A petition must be filed, the court must appoint a committee to examine the allegedly incapacitated person, the committee then files a report, a hearing is held, and the court then ultimately appoints a guardian.

The guardianship process can take time and sometimes, the person and family members do not have that time. In these instances, an emergency temporary guardian may be appointed. Below, our Tampa emergency temporary guardian attorney explains more.

When is Emergency Temporary Guardianship Necessary?

Under state law, the courts can appoint an emergency temporary guardian when an individual’s safety and well-being is in immediate danger. If an individual’s personal property is in jeopardy of being wasted, embezzled, or lost if there is no immediate action, the court may also appoint an emergency temporary guardian.

How to File for Emergency Temporary Guardianship

The person to whom a guardian will be appointed can file a petition for guardianship. Any adult who is concerned about the welfare of a person who is allegedly incapacitated can also petition the court for guardianship. After the petition has been filed with the court, notice must be served to the attorney representing the allegedly incapacitated person. Notice must be provided at least one day prior to the hearing. This notice period can be waived if the person petitioning the court can show that the alleged incapacity person would suffer harm as a result of this waiting period.

If the court does appoint an emergency temporary guardian (ETG), they must swear under oath to perform guardianship duties and to act in the alleged incapacitated person’s best interests at all times. Once the ETG has sworn to these duties, a letter of emergency temporary guardianship is issued.

Tips when Petitioning for Emergency Temporary Guardian

If you need to petition the court for an emergency temporary guardian, it is critical that you act quickly. The longer you wait, the more the alleged incapacitated person’s well-being could be at risk. Additionally, their property is at greater risk of being misappropriated, lost, or mismanaged.

You should also document the reason for petitioning the court. Use a journal to take notes, take videos and pictures to document the reasons for emergency temporary guardianship, and write down the names and contact information of anyone who may have additional knowledge about the situation. Lastly, but just as important, contact an attorney who can guide you through the process.

Call Our Emergency Temporary Guardian Attorney in Tampa Today

If you need to obtain emergency temporary guardianship, time is of the essence. At BBDG Law, our Tampa emergency temporary guardian attorney can provide you with the legal advice you need, help you navigate the process, and give you the best chance of a favorable outcome. Call us today at (813) 221-3759 or fill out our online form to schedule a consultation and to get the legal help you need.