Astor Simovitch Law Blog
How long does an emergency temporary guardianship (ETG) appointment last?
October 07, 2018
Typically, the ETG or the Emergency Temporary Guardianship is going to be granted for a period of 90 days. That period of 90 days can then be granted for an additional 90 days. It tracks the Marchman Act statute, which is our involuntary commitment statute for addiction and mental illness. The two can run together. […]
How can an emergency temporary guardianship (ETG) appointment be used to help?
October 07, 2018
When somebody is suffering from the diseases of addiction and mental illness, one of the things they’re not capable of doing is making rational diseases for themselves. So the emergency temporary guardianship can be used by a parent, for instance, to get control of what is an out-of-control decision, and start making decisions for that […]
How can I get emergency access to the medical records of a loved one?
October 07, 2018
There are three ways to get access to the medical records. Number one is I consent. I give you permission to look at my medical records. Number two is some type of directive. In other words, healthcare directive where I put in writing that in the event that I cannot grant you consent, perhaps I’m […]
How can a permanent guardianship be used to help a young adult with substance abuse?
October 07, 2018
The permanent guardianship can be used by mom or dad or whoever the petitioner is to get control of the other person, the respondent’s medical decisions, financial decisions and access to the medical records. What really is the determining factor is whether or not the addiction issue, the mental illness issue is an ongoing problem. […]
How can a guardianship help parents take control of the life of their child?
October 07, 2018
When a child or a young adult is dealing with the diseases of addiction and mental illness, typically they are not making rational decisions that are in their best interest, and it’s not because they’re bad. These diseases take over their mind, and so they’re not capable of making decisions for themselves, they’re not capable […]
Do I need a lawyer to file an ETG petition?
October 07, 2018
In order to file an ETG petition, a petition for emergency temporary guardianship, yes, you will need a lawyer. Unlike the Marchman Act, which is Florida’s involuntary commitment statute, which you can file on your own, probably not advisable to do that, you probably should get a lawyer who knows the Marchman to file it […]
Do I have to be certified to be a guardian?
October 07, 2018
There were requirements to being a guardian. One is you have to be over 18 years of age. Number two, you cannot be a convicted felon. And number three is you have to take the eight-hour guardianship course, which can be done online. So there’s a rebuttable presumption that if you’re over 18, you’re not […]
Can an emergency temporary guardianship (ETG) appointment be renewed after the initial period?
October 07, 2018
Yes. The initial period is going to be 90 days. If the petitioner can demonstrate to the court that there is a reason to extend it, then the court can grant another 90 days of guardianship. So, in total you have a period of 180 days where the petitioner has the ability to make medical […]