Blog

How can I get emergency access to the medical records of a loved one?

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 […]

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How can a permanent guardianship be used to help a young adult with substance abuse?

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. […]

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How can a guardianship help parents take control of the life of their child?

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 […]

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Do I need a lawyer to file an ETG petition?

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 […]

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Do I have to be certified to be a guardian?

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 […]

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Can an emergency temporary guardianship (ETG) appointment be renewed after the initial period?

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 […]

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Can a respondent oppose an emergency temporary guardianship (ETG) appointment?

Yes. They have a right to have a hearing. They have a right to have counsel present or have counsel appointed for them if they cannot afford a lawyer. And they have a right to challenge the allegations that are made in the petition. They have a right to make the petition, to come in, […]

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Can a lawyer assist me in seeking help for a child with substance abuse problems?

A lawyer can assist you and a lawyer should assist you. In other words, you shouldn’t try and do this on your own. You should hire a lawyer who is competent and understands the dynamics of addiction and mental illness and also understands how to use the legal system so you as a parent or […]

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Are there professional guardians?

Yes, you can hire somebody to be a guardian, and that might happen where either there’s no one to serve as the guardian for the respondent, the ward, or it might be where a family decides to petition the court to get guardianship, but they can’t decide who’s going to be the guardian, so at […]

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How Substance Abuse Interventions Work Under the Marchman Act?

Families affected by the disease of addiction face an uphill battle to convince the addict that treatment is necessary. Interventions can, and may work, but sometimes a family must take the proverbial bull by the horns and compel their loved one into treatment by taking advantage of the Marchman Act process. You may, however, have […]

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