It can happen in the blink of an eye. Your elderly loved one is struck with a medical emergency that leaves him or her suddenly incapacitated. Who is going to handle his or her medical and financial decisions? Hopefully your loved one executed a power of attorney that specifies that, but maybe he or she didn’t. If not, then you might want to consider taking legal action to obtain guardianship over your loved one unless you want the state to appoint one for him or her.
Pursuing an adult guardianship in Florida
If your circumstances constitute a true emergency, then you may be able to quickly obtain an order for the appointment of an emergency temporary guardianship. Here, you must file a petition with the court, demonstrate that your loved one is in imminent physical or mental danger, and that your loved one is incapacitated. You also have to provide your loved one with notice of the petition. While a temporary guardianship might give you the ability to make important decisions for your loved one, it is short in duration, requiring you to file a final report within 30 days.
If you want to pursue a normal guardianship over your loved one, then you’ll need to file a petition for guardianship and seek a determination on your loved one’s competencies. At that time the court will have a hearing to address the matters. If guardianship over the person and property is granted, then you’ll be able to take care of your loved one’s healthcare and financial matters.
Find the support you need during these trying times
If your loved one has suffered a medical emergency, then you’ve probably got a lot on your mind, and you probably don’t want to have to deal with the legal technicalities of the situation. But you and your loved one need protection. That’s why it might be wise to discuss your circumstances with an attorney who is experienced in these matters.
