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Florida law allows both voluntary and involuntary guardianships. A voluntary guardianship may be established for an adult who, though mentally competent, is incapable of managing his or her own estate and who voluntarily petitions for the appointment.
How to Petition for Conservatorship in Florida? You would have an interest in the absentee's estate if they were deceased; You are dependent upon the absentee for financial support or maintenance; and. The person who went missing meets the legal definition of an ?absentee,? as described in § 747.01, Florida Statutes.
A conservator is appointed to manage the affairs of "absentees" and has all the authority and rights of a guardian under Florida Code 747.035. However, guardians are chosen to manage the legal and financial affairs of disabled individuals.
However, if a guardianship is granted by the court and a power of attorney is already enacted, the guardianship typically trumps any power of attorney because the court is determining that the person in question no longer possesses the capacity to make decisions like the appointment of a power of attorney for their ...
Florida Guardianship Law 744.3031(4) says that an emergency temporary guardianship should only last 90 days. But, you can ask the court for another 90 days: 180 days tops. If one files a motion for an ETG, there should be an evidentiary court hearing.