By Audra Simovitch, a founding partner in Astor Simovitch Law.
Realising that a loved one is no longer able to look after themselves or is at risk of self-harm is an incredibly distressing experience that can leave you feeling helpless and overwhelmed. Thankfully, Florida guardianship law sets out a process you can follow to intervene in your loved one’s circumstances and protect them from harm. This process involves petitioning for an emergency guardianship order, which allows families in crisis to take urgent steps to safeguard a loved one’s wellbeing.
Though the prospect of seeking a guardianship order may be daunting for some, accessing emergency guardianship legal services could save your loved one’s life so don’t hesitate to take immediate action if your loved one’s situation resembles any of those discussed below.
Florida Guardianship Law 101
In simple terms, guardianship is a special type of legal arrangement in which one person (the guardian) is authorized by the court to make important decisions on behalf of another person who has become incapacitated (the ward). A person is incapacitated when they can no longer make sound decisions in their own interests because they are unable to appreciate the consequences of their actions, accurately assess risks, and rationally determine what course of action is best for them in the circumstances.
Guardianship orders are intended to protect vulnerable persons from neglect or self-harm by ensuring that a responsible family member or other trusted individual is appointed to make decisions concerning their healthcare, finances, living circumstances and the like.
The exact ambit of decisions the guardian is entitled to make in respect of their ward will depend on the extent of the ward’s incapacity, and the court will generally grant the least restrictive order that the circumstances allow.
What Is An Emergency Guardianship Order?
Guardianship orders can either be permanent or temporary. Permanent guardianship arrangements are usually used when an individual has suffered irreversible cognitive decline – for example, they have advanced Alzheimer’s disease, or have suffered a traumatic brain injury from which recovery is unlikely.
In contrast, temporary guardianship orders are put in place for a short period of time – up to a maximum of 90 days to safeguard an individual’s wellbeing until they have regained their capacity and are able to look after themselves again.
In many cases, temporary guardianship is sought on an urgent basis to safeguard a loved one who is experiencing a mental health emergency or some other crisis which is severely affecting their capacity. However, securing a guardianship order on very short notice involves following complex legal procedures.
To ensure that the petition process proceeds quickly and without issue, many families in this scenario choose to retain emergency guardianship legal services. Guardianship attorneys have a deep knowledge of Florida’s emergency guardianship laws and are intimately familiar with the court process for securing a hearing on an urgent basis.
This allows them to facilitate guardianship appointments within a matter of days provided all the legal requirements are met. In extreme cases, an emergency guardianship petition can be heard within 24 hours of the petition being served on the individual in crisis.
7 Scenarios In Which Your Family Should Seek Emergency Guardianship
Because emergency guardianship petitions follow a truncated legal process which does not involve a full examination of the person who is the subject of the petition, they are only granted when the physical and or mental wellbeing of the person is at imminent and serious risk, or their property is in immediate danger of being wasted or misappropriated.
If you’re uncertain whether your loved one’s circumstances qualify, the seven scenarios below will give you a sense of the kinds of cases in which emergency guardianship is typically recommended. Of course, you should always seek the legal services of an experienced emergency guardianship attorney to confirm whether guardianship would be the most appropriate intervention for your loved one.
1. Addiction Crisis
One of the most common scenarios in which families seek an emergency guardianship appointment is when a loved one is in the grips of a serious addiction that has reached a crisis point. For example, if a loved one’s addiction has reached the point of causing severe physical decline, or they are attempting to dissipate all their assets to access the addictive substance, an emergency guardianship order may be warranted.
In these circumstances, guardianship can also be used to ensure that a loved one remains in a rehabilitation facility, as guardians are typically granted legal authority to decide on their ward’s place of residence and medical treatment.
2. Risk of Self-harm
Another scenario in which emergency guardianship is commonly used is when a loved one is contemplating self-harm or has recently attempted self-harm. In these circumstances, emergency guardianship allows families to intervene to ensure they loved one receives urgent psychiatric care and supervision. This scenario can be very distressing and requires immediate legal action, so obtaining emergency guardianship legal services is strongly recommended.
3. Eating Disorders
Many families are unaware that eating disorders such as anorexia nervosa have the highest fatality rates among all mental illnesses. Eating disorders are serious conditions which require urgent interventions and comprehensive psychiatric care to treat. If a person is suffering from an eating disorder and is refusing treatment, emergency guardianship may be the best way to ensure they get the treatment they desperately need.
4. Stabilization for Acute Mental Illness
If an individual is experiencing a psychotic episode or severe delusions that place them or those around them at risk of harm, emergency guardianship may be suitable. Seeking emergency guardianship in these circumstances is especially appropriate if the person’s mental health crisis was precipitated by their decision to stop taking their medication, which is very common among schizophrenia and bipolar disorder sufferers.
A guardian will be able to supervise their treatment protocol and can admit them for stabilizing treatment in a facility if necessary.
5. Rapid Cognitive Decline
In some cases, permanent guardianship may be appropriate but the circumstances require that a temporary guardian be appointed in the interim while the full legal process follows its course. For example, if an elderly person experiences rapid cognitive decline due to dementia or Alzheimer’s, their family may choose to apply for emergency temporary guardianship and permanent guardianship in tandem, so that their loved one can begin to receive proper care and supervision immediately.
Coordinating the two petitions in a single process can be complex, so hiring emergency guardianship legal services is especially helpful in these circumstances.
6. Temporary Brain Injury
When a loved one suffers a temporary brain injury which places them in a coma or leaves them otherwise unable to care for themselves, emergency guardianship allows families to manage their medical and financial affairs until they make a full recovery. In the unfortunate event that their condition does not improve, the family can petition for the temporary guardianship appointment to be made permanent.
7. Grandchild Guardianship
Concerned grandparents may wish to seek emergency appointment as their grandchild’s legal guardian if the child’s parent(s) has suddenly become incapacitated (e.g. in a motor vehicle accident) or is suffering from an addiction which is rapidly spiraling out of control. Seeking grandchild guardianship is complex and special legal processes apply, so consulting with an attorney with expertise in minor guardianship law is essential.
Protect A Loved One In Crisis With Emergency Guardianship Legal Services
Although navigating a loved one�s mental health crisis is never easy, having a reputable emergency guardianship attorney by your side will go a long way to giving you greater peace of mind during this challenging period.
An experienced attorney will help you assess whether your loved one requires emergency guardianship, prepare the necessary legal documents and filings, and represent your family in the court hearing. They’ll also ensure that you have the necessary legal support to enable you to carry out your duties as guardian lawfully and in your loved one’s best interests following your appointment.
Ultimately, though seeking appointment as your loved one’s guardian may seem like a dramatic step, it is one of the best things you can do for them in the long-term.
A fierce advocate for people in the legal system due to mental health, addiction, or guardianship issues, in 2017, Audra Simovitch became a founding partner in Astor Simovitch Law. She brings extensive experience in guardianship, probate, Marchman, and Baker Act cases. Educated at both Nova Southeastern Shepard Broad Law School for her Juris Doctorate and Boston University Law School for her master’s in law (LL.M.) degree in Taxation.
