Florida Emergency Temporary Guardianship Checklist

Threshold requirements

• A petition for determination of incapacity has been filed. An emergency temporary guardian can be appointed only after that filing and before a guardian is appointed (s. 744.3031).
• The court specifically finds that there appears to be imminent danger that the person's physical or mental health or safety 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 application comes from the alleged incapacitated person or any adult interested in that person's welfare. If no petition for appointment of a guardian is on file when incapacity is determined, the court may appoint an emergency temporary guardian on its own motion.

Notice and counsel

• The court must appoint counsel to represent the alleged incapacitated person in the summary proceedings, and that counsel may ask that the proceeding be recorded and transcribed.
• Notice of the petition and the hearing must be served on the alleged incapacitated person and that person's attorney at least 24 hours before the hearing, unless the petitioner shows that substantial harm would occur if 24 hours' notice were given.

The order and letters

• The powers and duties of the emergency temporary guardian must be specifically enumerated in the court order.
• The guardian takes an oath to faithfully perform a guardian's duties before letters of emergency temporary guardianship issue. A guardian of the property may be required to file a bond.
• The guardian's authority and responsibility begin when the letters issue.
• The court may issue an injunction, restraining order or other appropriate writ to protect the physical or mental health or safety of the ward.

Time limits

The emergency temporary guardian's authority expires 90 days after appointment or when a guardian is appointed, whichever happens first. It can be extended for an additional 90 days on a showing that the emergency conditions still exist.

The final report

• It is due no later than 30 days after the emergency temporary guardianship expires, and the court may not authorize payment of the guardian's or the guardian's attorney's final fees until it is filed.
• For a guardian of the property, it consists of a verified inventory as of the date the letters were issued, a final accounting of all receipts and disbursements, and a statement of the property on hand at the end of the emergency guardianship.
• For a guardian of the person, it summarizes the guardian's activities on residential placement, medical condition, mental health and rehabilitative services and the ward's social condition, to the extent of the authority granted.
• If the emergency temporary guardian becomes the successor guardian, the final report must also satisfy the requirements of the initial guardianship report.
• A copy goes to the successor guardian and to the ward.

Some circuits publish their own emergency temporary guardianship checklists. The Second Circuit's checklist is one example. For where this fits in the overall reporting schedule, see the guardianship reporting calendar.

General information for Florida practitioners, reviewed in October 2026 against the statute and rule text linked above. It is not legal advice. Rules, statutes and local circuit practices change, so confirm against the current text and your circuit's requirements before relying on it.

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