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When can an emergency temporary guardianship (ETG) appointment be granted?

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 […]

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What rights does the respondent have in an emergency temporary guardianship (ETG) appointment?

The respondent has the right to contest the allegations that are made in the petition because the petitioner is seeking to take away certain rights of the respondent, like the right to make medical decisions or the right to control their finances. They have right to a hearing, which means there’s going to be a […]

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What kind of lawyer can assist me in seeking help for child with substance abuse problems?

The kind of lawyer that can help a mom or dad who has a child who has addiction or mental illness is a lawyer that specializes in helping families that are in emotional crisis because of addiction or mental illness. At Drug and Alcohol Attorneys , we only do one thing: We help families that […]

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What is a guardianship?

A guardianship is a legal proceeding that allows someone to go into court and ask a judge to give them authority to make financial and medical decisions for somebody else. For instance, a parent may go into court and ask a judge to give them the ability to make decisions for their child, somebody over […]

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What is the difference between a guardianship and health care directive and power of attorney?

Okay, so let’s start with the healthcare directive. Basically, what I’m doing is I’m giving you the ability to make medical decisions for me when I’m not able to do that. Perhaps I’m in a car accident, perhaps I get struck down by some illness, but in any of them what I’m doing is I’m […]

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What are the responsibilities of the guardian?

Being appointed a guardian is a fiduciary relationship. That means that the court has made a determination that you as the guardian are trustworthy. In other words, that you’re going to make decisions that are in the ward’s best interest. You’re not going to steal from them. You’re going to make medical decisions that are […]

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What is an emergency temporary guardianship (ETG) appointment?

An emergency temporary guardianship or an ETG is a guardianship that is granted on a temporary basis. So what that means is a parent or a guardian is going into court asking the judge to give them the authority to make medical, financial decisions over somebody who’s over 18 years of age on a temporary […]

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What are some legal avenues that I can take to help a child with substance abuse problems?

As drug and alcohol attorneys we specialize in helping young adults who have addiction and mental illness issues. Typically, we use two avenues when it comes to making that person go to treatment and keeping them into treatment. Number one is the Marchman Act, which is Florida’s involuntary commitment statute for addiction and co-occurring mental […]

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How is an emergency temporary guardianship (ETG) appointment different than a determination of permanent guardianship?

The ETG, the Emergency Temporary Guardianship, is only granted on a temporary basis. Initially, it can be up for 90 days, and then it can be extended for a further 90 days. So you have a total of 180 days. What makes it different from the permanent guardianship is that, at the ETG hearing, there’s […]

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How do I seek a permanent guardianship?

To seek a permanent guardianship requires two things. There’s going to be a petition to determine incapacity. In other words, the court is going to appoint three experts to determine is this person, is the respondent, the person on the other end of the petition, are they incapable of making rational decisions on their behalf. […]

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