Florida Statute 744.3031 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

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.

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Amendments to 744.3031

Annotations, Discussions, Cases:

Cases Citing Statute 744.3031

Total Results: 27

Blankfeld v. Richmond Health Care, Inc.

902 So. 2d 296, 2005 WL 1226070

District Court of Appeal of Florida | Filed: May 25, 2005 | Docket: 2544764

Cited 41 times | Published

unsupported by competent substantial evidence. [4] See § 744.3031(1) Fla. Stat. (2004) ("The subject of the proceeding

Jasser v. Saadeh

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

District Court of Appeal of Florida | Filed: Jul 18, 2012 | Docket: 60311733

Cited 5 times | Published

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

In Re Amendments to the Florida Probate Rules

584 So. 2d 964, 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366

Supreme Court of Florida | Filed: Aug 22, 1991 | Docket: 1515221

Cited 5 times | Published

References § 744.109, Fla. Stat. Records. *971 § 744.3031, Fla. Stat. Emergency temporary guardianship

Ly v. DEPT. OF HEALTH & REHAB.

696 So. 2d 430

District Court of Appeal of Florida | Filed: Jul 2, 1997 | Docket: 1695937

Cited 3 times | Published

the time of the order determining incapacity. § 744.3031, Fla. Stat. Moreover, an 18-21 year old receiving

In Re Amendments to the Fl. Probate Rules

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

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 1689866

Cited 1 times | Published

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

In Re Guardianship of Schiavo

932 So. 2d 264, 2005 WL 2248010

District Court of Appeal of Florida | Filed: Sep 16, 2005 | Docket: 1684614

Cited 1 times | Published

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

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

District Court of Appeal of Florida | Filed: Sep 29, 2021 | Docket: 60496856

Published

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

BEULAH COVEY v. LINDA SHAFFER

District Court of Appeal of Florida | Filed: Jul 3, 2019 | Docket: 15875047

Published

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

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

275 So. 3d 782

District Court of Appeal of Florida | Filed: Jun 26, 2019 | Docket: 64719871

Published

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

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

275 So. 3d 782

District Court of Appeal of Florida | Filed: Jun 26, 2019 | Docket: 64719872

Published

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

Kemp v. Berschback

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

District Court of Appeal of Florida | Filed: Nov 18, 2016 | Docket: 4540928

Published

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

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

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

Supreme Court of Florida | Filed: Sep 15, 2016 | Docket: 4422158

Published

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

Linde v. Linde

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

District Court of Appeal of Florida | Filed: Sep 7, 2016 | Docket: 4419701

Published

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

Kemp v. Berschback

District Court of Appeal of Florida | Filed: Aug 10, 2016 | Docket: 4118418

Published

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

Glenda Martinez Smith v. J. Alan Smith

199 So. 3d 911, 2016 Fla. App. LEXIS 3130, 2016 WL 803625

District Court of Appeal of Florida | Filed: Mar 2, 2016 | Docket: 3040737

Published

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

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

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

Supreme Court of Florida | Filed: Dec 17, 2015 | Docket: 3022132

Published

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

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

166 So. 3d 959, 2015 Fla. App. LEXIS 9575, 2015 WL 3875682

District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 2679243

Published

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

Barrier v. JFK Medical Center Ltd. Partnership

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

District Court of Appeal of Florida | Filed: Jun 17, 2015 | Docket: 60248867

Published

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

Pamela Barrier, etc. v. JFK Medical Center Limited Partnership, etc., Palm Beach Emergency Medical Associates, P.L., etc., Jason Sevald, M.D., Armor Correctional Health Services, Inc., etc., Tanya Beaumont, L.P.N., Shara Davis, L.P.N., Patricia Salmon, L.P.N., Garry J. Beauzile, M.D., and Pierre Dorsainvil, M.D.

District Court of Appeal of Florida | Filed: Jun 17, 2015 | Docket: 2679257

Published

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

Martinez v. Cramer

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

District Court of Appeal of Florida | Filed: Aug 7, 2013 | Docket: 60234451

Published

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

Martinez v. Cramer

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

District Court of Appeal of Florida | Filed: Jun 19, 2013 | Docket: 60236144

Published

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

Faulkner v. Faulkner

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

District Court of Appeal of Florida | Filed: Jul 22, 2011 | Docket: 60301643

Published

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

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

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426902

Published

guardian advocate. § 744.109, Fla. Stat. Records. § 744.3031, Fla. Stat. Emergency temporary guardianship

Amendments to the Florida Probate Rules

848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823856

Published

Statutory References § 744.109, Fla. Stat. Records. § 744.3031, Fla. Stat. Emergency temporary guardianship

Batzle v. Baraso

776 So. 2d 1107, 2001 Fla. App. LEXIS 1252, 2001 WL 108889

District Court of Appeal of Florida | Filed: Feb 9, 2001 | Docket: 64803413

Published

to the thirty day period as prescribed by section 744.3031(d); and (3) made no finding that the emergency

Panno v. Perry

637 So. 2d 81, 1994 Fla. App. LEXIS 4954, 1994 WL 202969

District Court of Appeal of Florida | Filed: May 25, 1994 | Docket: 64748411

Published

proceeding to appoint the emergency guardian. § 744.3031(1), Fla.Stat. . We note in the record that

In re Amendments to the Florida Probate Rules

607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 64671175

Published

Statutory References § 744.109, Fla.Stat. Records. § 744.3031, Fla.Stat. Emergency temporary guardianship.