Legal Question in Elder Law in Florida

Is emergency guardianship possible?

My grandmother who is in her 80's moved in with her daughter 2 years ago. Her daughter has a history of fraud and financial misconduct. In fact several years ago she took over my grandmother's identity and got credit cards in her name.

My grandmother no longer communicates with any of the other family and her daughter is spending money like mad. My grandmother tried to contact a relative as she began speaking, her daughter asked what was she doing and who was she calling, my grandmother hung up the phone.

I there some way someone in the family can petition for an emergency guardianship of my grandmother. Her daughter is not her legal guardian.


Asked on 12/19/03, 4:04 pm

1 Answer from Attorneys
Douglas R. Coenson, Esq.

Re: Is emergency guardianship possible?

The first question I have is whether your grandmother is incapacitate, that is does she have the mental capacity to make decisions for herself? Depending on that answer and whether the court agrees with you creates different potential options.If you do claim she is incapacitated you'll need a medical examiner to testify to that. If she is deemed incapacitated you may be able to obtain an Emergency Temporary Guardian (ETG). It lasts for 60 days, which may be able to buy some time to decide on next steps. The criteria for an ETG based on your question would be to show that your grandmother's property is in danger of being wasted, misappropriated or lost.

In addition to different types of guardianships to be aware of, there may be other options (i.e. Power of Attorney or Durable Power of Attorney).

Of course, the one major issue going against you is the fact that she is living with her daughter which turns into your word against hers.

Please feel free to email me or contact me by phone to discuss further. Otherwise, I strongly recommend that you consult with an attorney in your area to further discuss the details. Good luck to you.

This communication is intended only for purposes of general discussion of legal principles and is NOT intended for legal advice. Before taking any action, it is strongly recommended that you first seek advice from an attorney in your jurisdiction. DO NOT rely on or take actions based on this response.

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Answered on 12/19/03, 6:09 pm


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