The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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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.

F.S. 744.3031 on Google Scholar

F.S. 744.3031 on Casetext

Amendments to 744.3031

Arrestable Offenses / Crimes under Fla. Stat. 744.3031

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.3031.

Annotations, Discussions, Cases:

Cases from cite.case.law:

WALLACE, v. COMPREHENSIVE PERSONAL CARE SERVICES, INC., 275 So. 3d 782 (Fla. App. Ct. 2019)

. . . The trial court also appointed an emergency temporary guardian pursuant to section 744.3031, a procedure . . .

In GUARDIANSHIP OF E. BECK, E. II, J. v. R. E., 204 So.3d 143 (Fla. Dist. Ct. App. 2016)

. . . . § 744.3031(1). . . . ninety days, subject to extension, or until thq appointment of a guardian, whichever happens first. § 744.3031 . . . Cf. § 744.3031 (establishing an emergency temporary guardianship in part III of chapter 744 as a type . . . to enter orders to protect “the person who is the ward of the emergency temporary guardianship.” § 744.3031 . . . See § 744.3031(1) (“A court, prior to appointment of a guardian but after a petition for determination . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 200 So. 3d 761 (Fla. 2016)

. . . Statutory References § 744.3031, Fla. Stat. . . .

LINDE, v. In M. LINDE,, 199 So. 3d 1102 (Fla. Dist. Ct. App. 2016)

. . . Pursuant to section 744.3031, the trial court also appointed Temporary Guardian as the emergency temporary . . .

SMITH, v. J. SMITH,, 199 So. 3d 911 (Fla. Dist. Ct. App. 2016)

. . . The court appointed the attorney to represent Smith “in all matters pending under Section 744.3031(2) . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 181 So. 3d 480 (Fla. 2015)

. . . (amending section 744.3031, Florida Statutes, to require that notice of filing a petition- for appointment . . . Revision: [No Change] 2015 Revision: Amended subdivision (b) to conform to statutory changes in section 744.3031 . . .

H. SAADEH, v. CONNORS,, 166 So. 3d 959 (Fla. Dist. Ct. App. 2015)

. . . See § 744.3031(1), Fla. Stat. (2009). . . .

BARRIER, A. v. JFK MEDICAL CENTER LIMITED PARTNERSHIP, d b a JFK P. L. a M. D. a L. P. N. L. P. N. L. P. N. J. M. D. M. D., 169 So. 3d 185 (Fla. Dist. Ct. App. 2015)

. . . Section 744.3031, Florida Statutes (2010), on ETGs provides: (1) A court, prior to the appointment of . . . See § 744.3031(1), Fla. . . . See § 744.3031(1), Fla. . . . See § 744.3031(3), Fla. . . . See § 744.3031, Fla. Stat. (1989). . . .

MARTINEZ, J. SMITH, v. CRAMER,, 121 So. 3d 580 (Fla. Dist. Ct. App. 2013)

. . . the temporary injunction converted the hearing into a “summary proceeding” for purposes of section 744.3031 . . .

MARTINEZ, J. v. CRAMER,, 125 So. 3d 974 (Fla. Dist. Ct. App. 2013)

. . . Martinez relies on section 744.3031(1), Florida Statutes (2012), and especially that statute’s last sentence . . . the temporary injunction converted the hearing into a “summary proceeding” for purposes of section 744.3031 . . .

JASSER, As Co- H. v. H. SAADEH,, 97 So. 3d 241 (Fla. Dist. Ct. App. 2012)

. . . Section 744.3031(1), Florida Statutes (2008), permits the appointment of an ETG only after a petition . . . Section 744.3031(1) provides that the court shall specify the rights to be exercised by the ETG. . . .

B. FAULKNER, v. FAULKNER, F., 65 So. 3d 1167 (Fla. Dist. Ct. App. 2011)

. . . .; see also § 744.3031(1), Fla. Stat. . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . Committee Notes This rule represents a rule implementation of the procedure found in sections 744.109 and 744.3031 . . . Records. § 744.3031, Fla. Stat. Emergency temporary guardianship. § 744.3085, Fla. Stat. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 964 So. 2d 140 (Fla. 2007)

. . . The Committee did not address the amendments to section 744.3031, Florida Statutes (“Emergency temporary . . . addresses the contents of the petition and includes allegations satisfying the requirements of section 744.3031 . . . guardian must include a statement of the powers and duties of the guardian, as required by section 744.3031 . . . the emergency temporary guardian’s final report, incorporating the procedure now contained in section 744.3031 . . . Statutory References § 744.3031, Fla. Stat. Emergency temporary guardianship. § 744.344(4), Fla. . . .

In GUARDIANSHIP OF SCHIAVO, v., 932 So. 2d 264 (Fla. Dist. Ct. App. 2005)

. . . See § 744.3031. . . .

BLANKFELD, v. RICHMOND HEALTH CARE, INC. d b a, 902 So. 2d 296 (Fla. Dist. Ct. App. 2005)

. . . See § 744.3031(1) Fla. . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . . — It- represents a rule implementation of the procedure found in sections 744.109 and 744.3031, Florida . . . Records. § 744.3031, Fla. Stat. Emergency temporary guardianship. § 744.3371, Fla. Stat. . . .

BATZLE, v. BARASO, Jr., 776 So. 2d 1107 (Fla. Dist. Ct. App. 2001)

. . . of the decedent; (2) did not limit such extension to the thirty day period as prescribed by section 744.3031 . . . The legislature, in promulgating F.S. 744.3031, had a basis for requiring that an emergency temporary . . .

L. Y. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 696 So. 2d 430 (Fla. Dist. Ct. App. 1997)

. . . . § 744.3031, Fla. Stat. . . .

In GUARDIANSHIP OF E. SCHOYAHN, PANNO, v. PERRY,, 637 So. 2d 81 (Fla. Dist. Ct. App. 1994)

. . . . § 744.3031(1), Fla.Stat. . . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . It represents a rule implementation of the procedure found in sections 744.109 and 744.3031, Florida . . . Records. § 744.3031, Fla.Stat. Emergency temporary guardianship. § 744.3371, Fla.Stat. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 584 So. 2d 964 (Fla. 1991)

. . . It represents a rule implementation of the procedure found in sections 744.109 and 744.3031, Florida . . . Records. § 744.3031, Fla.Stat. Emergency temporary guardianship. . . .