RULE 5.648. EMERGENCY TEMPORARY GUARDIAN

(a) Petition for Appointment of Emergency Temporary
Guardian. Prior to appointment of a guardian but after a petition
for determination of incapacity has been filed, the alleged
incapacitated person or any adult interested in the welfare of that
person may petition for the appointment of an emergency temporary
guardian of the person or property. The petition shall be verified
and shall state:

(1) the petitioner’s residence and post office address;

(2) the name, age, and residence and post office
address of the alleged incapacitated person;

(3) that there appears to be imminent danger that the
physical or mental health or safety of the alleged incapacitated
person will be seriously impaired or that the alleged incapacitated
person’s property is in danger of being wasted, misappropriated, or
lost unless immediate action is taken;

(4) the nature of the emergency and the reason
immediate action must be taken;

(5) the extent of the emergency temporary
guardianship, either limited or plenary, requested for the alleged
incapacitated person, and, if known, the nature and value of the
property to be subject to the emergency temporary guardianship;

(6) the names and addresses of the next of kin of the
alleged incapacitated person known to the petitioner;

(7) the name and residence and post office address of
the proposed emergency temporary guardian, and that the proposed
emergency temporary guardian is qualified to serve, or that a willing
and qualified emergency temporary guardian has not been located,
and;

(8) the proposed emergency temporary guardian’s
relationship to or any previous association with the alleged
incapacitated person.

(b) Notice. Notice of filing of the petition for appointment of
an emergency temporary guardian and 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.

(c) Service on Public Guardian. If the petitioner requests
appointment of the public guardian as emergency temporary
guardian, a copy of the petition and notice shall be served on the
public guardian.

(d) Order. The order appointing the emergency temporary
guardian shall specify the powers and duties of the emergency
temporary guardian.

(e) Extension of Authority. Prior to the expiration of the
authority of the emergency temporary guardian, any interested
person may file a verified petition for extension of authority of the
emergency temporary guardian. The petition must show that the
conditions that warranted the initial appointment of the emergency
temporary guardian still exist. The petition shall be served on the
ward’s attorney and on the emergency guardian.

(f) Final Report. An emergency temporary guardian shall
file a final report no later than 30 days after the expiration of the
emergency temporary guardianship. A copy of the final report shall
be served on the successor guardian, if any, the ward, and the
ward’s attorney. With approval of the court, service on the ward
may be accomplished by serving the attorney for the ward.

(1) If the emergency temporary guardian is a guardian
of the property, the final report shall consist of a verified inventory
of the ward’s property as of the date 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 ward’s
property over which the guardian had control, and a statement of
the property on hand at the end of the emergency temporary
guardianship.

(2) If the emergency temporary guardian is a guardian
of the person, the final report shall summarize the activities of the
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 emergency
temporary guardian.

(3) If the emergency temporary guardian becomes the
successor guardian of the property or person of the ward, the final
report must satisfy the requirements of, and shall serve as, the
initial report of the guardian of the property or person of the ward,
as the case may be, as set forth in rule 5.690.

Committee Notes

Rule History

2007 Revision: New rule.
2015 Revision: Amended subdivision (b) to conform to
statutory changes in section 744.3031(2), Florida Statutes.
Committee notes revised.

2016 Revision: Committee notes revised to reflect renumbering
of section 744.344(4) to section 744.2005, Florida Statutes.
Updated statutory references.

Statutory References

§ 744.3031, Fla. Stat. Emergency temporary guardianship.

§ 744.2005, Fla. Stat. Order of appointment.

Rule References

Fla. Prob. R. 5.600 Oath.

Fla. Prob. R. 5.690 Initial guardianship report.