What is an emergency guardianship?

An emergency guardianship in Florida is a legal relationship between an adult (guardian) and a minor (ward). The guardian is legally responsible for making decisions on behalf of the ward, including making decisions about the ward’s financial, medical, and education needs. An emergency guardianship can be put in place without a court hearing if it can be established that the ward is in immediate danger of harm and that there is no less restrictive alternative available. Emergency guardianship is typically pursued when a minor is at risk of harm due to neglect or abuse. In these cases, the court may appoint a guardian to make decisions about the minor’s care without approval from the minor’s parents or legal guardians. While in an emergency guardianship, the guardian is responsible for providing for the minor’s needs including providing a safe home, food, clothing and medical care. In some cases, emergency guardians may also pursue additional educational or vocational opportunities for the minor. Emergency guardianships typically last for up to six months but can be extended if necessary. At the end of the term, the court will assess the ward’s needs and may decide to reinstate parental rights, appoint a long-term guardian, or transfer the minor to another form of care.

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What is an emergency guardianship?

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