How An Emergency Guardianship Attorney Protects Vulnerable Loved Ones

Watching a loved one’s life slowly unravel as a result of substance use or untreated mental illness can leave you feeling helpless, frustrated and scared. You may be desperate to help them get onto the road to recovery but are uncertain of which treatment options are available, or how best to intervene. Thankfully, there are clear steps you can take to get your loved one the help they need. The first of these is to consult with an experienced emergency guardianship attorney. They will help you to determine whether an emergency guardianship appointment is appropriate in your loved one’s case, and will guide you through the complex legal administrative processes that need to be followed if you wish to be appointed as their guardian. With a reputable attorney guiding you, you’ll be able to enjoy peace of mind knowing that your loved one’s best interests are being thoroughly taken care of.

Understanding The Basics Of Guardianship Law

Florida law recognizes that vulnerable people who are struggling with serious mental illness, substance use, or cognitive decline may no longer be able to make sound decisions in their own best interests. As a result, they need a legal ‘caretaker’ to be appointed to make important decisions on their behalf. This is effectively what guardianship is – a special legal relationship wherein one person (the guardian) is empowered to make decisions concerning the medical treatment, financial affairs, and living circumstances of another (their ward). Guardians can only be appointed by a court, and regardless of whether you are seeking standard guardianship or emergency guardianship, an attorney will be required to represent you throughout the court proceedings.

What Is Emergency Guardianship?

In summary, emergency guardianship is no different from regular guardianship – all guardianship appointments involve authorizing the guardian to make certain types of decisions on behalf of their ward. However, emergency guardianship is sought through an expedited legal process, in circumstances where a person is at real risk of harm if a guardian is not appointed to immediately intervene in their affairs. The guardianship appointment is also made on a short-term basis only (usually for no longer than 90 days). Given the complexity of these kinds of guardianship applications, it is essential that you seek legal advice from a reputable emergency guardianship attorney.

It’s important to note that any petition for emergency guardianship must always be accompanied by a petition for regular (i.e. permanent, long-term) guardianship. If the emergency guardianship petition is granted by the court, it will need to decide, at a later stage, whether the ward requires a guardian to permanently manage their affairs.

What Circumstances Require An Emergency Guardianship?

Emergency guardians, like regular guardians, can only be appointed in circumstances where a person lacks capacity to such an extent that they are no longer able to manage their personal affairs or make sound decisions. If you are uncertain whether to seek a guardianship appointment through the standard or expedited process, an emergency guardianship attorney can help you to decide whether your loved one’s circumstances are so serious that you cannot afford to take the longer route to appointment.

The emergency process might be necessary in the following circumstances:

• Substance use crisis: If your loved one’s substance use has come to a head and they urgently require detoxification and treatment, yet are refusing to enter a facility, an emergency guardianship appointment can empower you to make important decisions concerning their medical treatment and place of residence on their behalf.
• Mental health crisis: If your loved one is experiencing a mental health emergency (for example, they are in a psychotic state), an emergency guardianship appointment will allow you to step in and take care of their affairs until their condition has stabilized.
• Traumatic brain injury or sudden illness: If a family member suffers a brain injury or develops a sudden illness that robs them of their capacity to make decisions, an emergency guardianship attorney can help you to bring a petition urgently so that you are empowered to make decisions about their assets, personal affairs and medical treatment.
• Cognitive decline with the risk of financial exploitation: Generally, if a person is starting to experience gradual cognitive decline, the standard route to guardianship would be most appropriate. However, if an elderly family member who is showing signs of cognitive decline is also at imminent risk of financial exploitation (for example, they are about to transfer large sums of money to a person who has manipulated them), then you may have grounds to use the emergency guardianship procedure.

Through a detailed consultation with your attorney, you will be able to determine whether your loved one’s circumstances justify urgent intervention. In the case of a substance abuse crisis, your attorney may likely recommend that you simultaneously pursue Marchman Act proceedings to facilitate your loved one’s entry into addiction treatment.

What Is The Role Of An Emergency Guardianship Attorney?

After your attorney has consulted with you and determined that an emergency guardianship application is necessary to protect your loved one from risk of harm, they will play a pivotal role in the proceedings that follow.

Preparing your petition for appointment

Your attorney will need to meticulously prepare both the petition for emergency guardianship appointment and the petition for permanent guardianship. The petition will need to include evidence that justifies the urgent nature of the proceedings, and must illustrate why it is crucial that you be appointed as a guardian on an emergency basis. For example, it might show that your loved one’s physical wellbeing is at serious risk, or that they are wasting or dissipating their assets at an alarming rate. The petition will also need to include sufficient evidence of your loved one’s incapacity, such as medical reports and witness statements from family, friends, or medical personnel.

Representing you at the court hearing

Presenting persuasive legal argument at the hearing of your petition is one of the most important aspects of your attorney’s role. They will need to convince the court that your loved one’s case requires urgent intervention, and that granting the petition for emergency guardianship is justified in the circumstances. They will also need to demonstrate that you are suitably qualified to be appointed as a guardian, and will need to address any concerns the court may have about your appointment.

Advising you throughout your guardianship appointment

Generally, emergency guardianship attorneys continue to provide legal support to their clients long after the petition is argued in court. This is because guardians often require legal advice when making decisions on behalf of their wards. Your attorney will act as a valuable sounding board throughout your emergency guardianship appointment, helping you to ensure that you discharge your duties as guardian properly and with due regard to your ward’s best interests.

Compassionate Emergency Guardianship Attorneys Are Here To Help Your Vulnerable Loved One

Whatever the circumstances that precipitated your loved one’s personal crisis, an experienced emergency guardianship attorney is here to guide you through your next steps. The exceptional attorneys at Astor Simovitch Law have represented countless Florida families in emergency guardianship proceedings, and will take the legal and administrative burdens of guardianship off your shoulders so that you can focus on supporting your loved one through this difficult time.

Whatever your emergency guardianship needs, we are on standby to provide you with comprehensive legal support – contact us today at 561-419-6095 to schedule an emergency consultation or find out more about our mental health law practice.