Astor Simovitch Law Blog
Marchman Act Florida | Basic Questions About the Marchman Act
January 04, 2019
When it comes to the Marchman Act Florida, there is a lot you need to know before filing the petition. It is important to have all of the information available to you. It might save someone’s life. Is the Marchman Act Unique to Florida? Yes, it is. While there are similar acts in several states, […]
Who is the petitioner in an emergency temporary guardianship (ETG) appointment?
October 07, 2018
The petitioner in an ETG or emergency temporary guardianship can be anybody over 18 years of age who’s not a convicted felon who has direct personal knowledge of the other person’s alleged incapacity. In other words, they know the reasons why the person is incapable of making rational decision for themselves and they can articulate […]
Who is the respondent in an emergency temporary guardianship (ETG) appointment?
October 07, 2018
The respondent is going to be the person who’s on the other end of the petition. We call that a ward or the AIP, the alleged incapacitated person. That’s the person over whom somebody else is trying to get control over. The petitioner, the person who’s going to the court is going to ask a […]
Who can be appointed as a guardian under an emergency temporary guardianship (ETG) appointment?
October 07, 2018
In an ETG appointment, or Emergency Temporary Guardianship appointment, it’s going to be somebody over the age of 18 years of age, who’s not a convicted felon. Typically, when we’re dealing with a young adult who has an addiction issue and/or mental illness issue, it’s going to be one of the parents, the person who […]
Who can be a permanent guardian?
October 07, 2018
Pretty much anybody could be a permanent guardian. They have to be over 18 years of age. They can’t be a convicted felon. They have to take the eight-hour guardianship course which they can take online. They may be a professional. They may be a nonprofessional, meaning somebody that’s the court has determined to be […]
Who can seek a permanent guardianship?
October 07, 2018
Anybody over the age of 18 years of age can seek a permanent guardianship. Typically, when you’re dealing with a young adult who has the disease of addiction or mental illness, it’s going to be the mother or the father, but it could be anybody, as long as they’re not a convicted felon and they’re […]
When do I need to seek a permanent guardianship?
October 07, 2018
A permanent guardianship can be sought in two instances. It might follow the granting of an emergency temporary guardianship when the reason for the initial petition is ongoing. In other words, it’s lasting past the 90 days, or it’s lasting past the 180 days that was initially granted for the emergency temporary guardianship. And obviously […]
When can an emergency temporary guardianship (ETG) appointment be granted?
October 07, 2018
An emergency temporary guardianship is going to be granted after a petition has been filed and the court has conducted a hearing to determine if the allegations in the petition are true and if in fact, made a finding that the respondent, the person on the other end of the petition, is not capable of […]