Attorney
When a loved one becomes unable to manage their personal, medical, or financial affairs, pursuing guardianship may be necessary. However, many families understandably wonder: How long does it take to get guardianship in Florida? The answer depends on several factors, including the complexity of the case, whether the guardianship is contested, and how quickly documentation can be completed.
At Staples Law, we help families in Pensacola and throughout Northwest Florida through each stage of the guardianship process, providing clear guidance to minimize delays and protect the best interests of your loved one.
Understanding the Guardianship Process in Florida
Florida guardianship proceedings are court-supervised and involve multiple formal steps. The process generally includes:
- Filing a petition to determine incapacity
- Filing a petition to appoint a guardian
- Having the alleged incapacitated person evaluated by a court-appointed committee
- A court hearing to determine incapacity and appoint a guardian
Each step must comply with Florida’s guardianship laws, which prioritize protecting the rights of the individual involved. Because of the court’s duty to ensure fairness and necessity, guardianship proceedings are not typically rushed.
Typical Timeline for Establishing Guardianship
While each case is unique, here is a general timeline to help you understand how long it may take:
Filing the Petitions (One to Two Weeks)
After preparing the necessary documents with your attorney, the initial petitions are filed with the court. These include the Petition to Determine Incapacity and the Petition for Appointment of Guardian.
Appointment of Examining Committee (Two to Four Weeks)
The court will appoint an examining committee made up of three professionals–usually a doctor, psychologist, or social worker–to evaluate the alleged incapacitated person.
Each member will conduct an independent assessment and submit a written report to the court.
Court Hearing (Four to Eight Weeks After Filing)
Once the reports are completed, the court will schedule a hearing to review the evidence. If the court finds that the person is incapacitated, it will officially appoint a guardian.
The hearing must be held within approximately 30 days after the examining committee submits its findings, but court schedules vary.
Letters of Guardianship Issued (Immediately After Hearing)
After the hearing, if the court appoints you as guardian, it will issue Letters of Guardianship, which give you legal authority to act on behalf of the ward.
In total, the uncontested guardianship process in Florida typically takes around 60 to 90 days from filing to appointment.
Factors That Can Affect the Timeline
Several factors can extend (or shorten) the guardianship process:
- Contested Guardianship: If family members disagree about the need for guardianship or who should serve, the case can take several months or longer.
- Emergency Situations: If urgent action is needed, you can petition for an emergency temporary guardianship, which can be granted in a matter of days.
- Court Backlogs: The availability of hearing dates varies depending on how busy the court system is in Escambia or Santa Rosa County.
- Incomplete Paperwork: Mistakes or missing information in the filings can delay the entire process.
Working with an experienced guardianship attorney at Staples Law can help you avoid common errors and move the process along more smoothly.
When Emergency Guardianship Is Necessary
Sometimes, immediate intervention is critical to protect a vulnerable person’s health, safety, or finances. In these cases, an emergency temporary guardianship (ETG) may be appropriate.
Highlights of emergency guardianship include:
- Petition can be filed quickly without a complete incapacity determination
- The court often holds an emergency hearing within a few days
- Emergency guardianship lasts for a maximum of 90 days unless extended by the court
If you believe your loved one is in immediate danger, Staples Law can assist you in seeking emergency guardianship in Pensacola without delay.
Tips to Help Expedite the Guardianship Process
While the court controls much of the process, there are steps you can take to help avoid unnecessary delays:
- Hire an experienced guardianship attorney familiar with the local court system
- Gather all necessary medical and financial information early
- Communicate clearly with all involved family members to minimize disputes
- Stay responsive to your attorney’s requests for signatures, information, or meetings
Taking these proactive steps can help you achieve guardianship as quickly and efficiently as possible.
Start the Guardianship Process with Confidence
Obtaining guardianship in Florida is not instantaneous, but with the right support, it can be completed efficiently and with as little stress as possible. Typically, uncontested guardianship cases in Pensacola are finalized within two to three months. In emergency situations, temporary guardianship can be granted even faster.
If you are considering guardianship for a loved one, don’t navigate this complex legal process alone. Staples Law is here to provide you with the compassionate, knowledgeable representation you deserve every step of the way.
Contact Staples Law today to schedule a consultation and learn how we can help you protect your loved one’s future with confidence.