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Elder law in Duval County

Jacksonville Elder Law Attorney

From Jacksonville's neighborhoods to Jacksonville Beach, Atlantic Beach and the Orange Park area, we help Duval County families plan for incapacity, understand guardianship and prepare for long term care.

Quick answer

Duval County guardianships are heard in the Fourth Judicial Circuit, which also serves Clay and Nassau counties. Filings go to the Duval Clerk's Probate Department at the Duval County Courthouse, 501 W. Adams Street, Jacksonville. ElderSource is the area's Aging and Disability Resource Center. We meet Jacksonville clients by phone, video or at any office.

Jacksonville is a large, spread out city, and its families are often spread out too. A parent in Mandarin, a daughter in Ponte Vedra, a son at the beaches: when one of them needs help, the others have to coordinate. Elder law gives that coordination a legal footing. This page covers how guardianship works in Duval County, where to file, the local resources for older adults, and the property tax exemptions available to older Jacksonville homeowners.

Communities we serve in Duval County

  • Jacksonville, including Mandarin, Arlington, Riverside and the Southside
  • Jacksonville Beach
  • Atlantic Beach and Neptune Beach
  • Baldwin
  • Families near Orange Park in neighboring Clay County

Where Duval guardianship cases are filed

Under s. 26.021, the Fourth Judicial Circuit is made up of Clay, Duval and Nassau counties. Each county keeps its own cases, so a guardianship for a Duval resident is filed in Jacksonville, while a parent living in Orange Park would have a case in Clay County. For Duval, guardianships are handled by the Clerk's Probate Department at the Duval County Courthouse, 501 W. Adams Street, Jacksonville, open weekdays from 8:00 a.m. to 5:00 p.m. The circuit's website posts proposed order templates for guardianship cases, which are submitted electronically. Like every Florida clerk, the Duval Clerk can explain its filing requirements but cannot give legal advice, so the petition itself is prepared and filed by a Florida attorney.

What family guardians in Jacksonville should know

The Duval Clerk states that guardians must complete guardianship training unless the court waives it, and lists Aging True, formerly known as the Cathedral Foundation, in Jacksonville as a course provider. The statewide rules frame the rest of the process:

  1. Petition and attorney. A family member files, through a Florida attorney, a petition to determine incapacity and to appoint a guardian. The court appoints a separate attorney for the person alleged to be incapacitated.
  2. Examining committee. Three members examine the person, and each files a report within 15 days of appointment.
  3. Alternatives considered. Before removing rights the person could delegate, the court must decide whether an alternative such as a power of attorney is enough.
  4. Screening. A nonprofessional guardian generally completes a credit check and a level 2 background screening before appointment (s. 744.3135).
  5. Education. At least 8 hours of approved instruction within 4 months of appointment (s. 744.3145).
  6. Reports. According to the Clerk, a guardian of the person files an initial plan within 60 days of letters and annual plans within 90 days of each anniversary, unless waived.
Name your own guardian: under s. 744.3045, any competent adult can sign a preneed guardian declaration before two witnesses naming who they want as guardian, plus an alternate, and file it with the Duval Clerk. If an incapacity case is ever filed, the Clerk produces it, and the person named is presumed entitled to serve if qualified.

Documents that often avoid a guardianship

If you signed documents years ago, have them reviewed. People named may have moved away, and an older power of attorney may lack powers Florida now requires to be separately initialed.

Long term care and Medicaid in Duval County

Medicaid for long term care is decided by the Department of Children and Families, the same in Jacksonville as everywhere in Florida. Apply through ACCESS Florida at myaccess.myflfamilies.com and check HCBS/Waivers or Nursing Home on the Benefit Information screen, or call (850) 300-4323. A level of care decision is made through the Department of Elder Affairs CARES process. For the Institutional Care Program, DCF reviews any assets transferred within the 60 months before the application month. These rules change and depend on the person, and we do not promise eligibility.

ElderSource, the Area Agency on Aging of Northeast Florida, is the Aging and Disability Resource Center for the region. It is located at 10688 Old St. Augustine Road in Jacksonville and can be reached at (904) 391-6600 or toll free at (888) 242-4464. The statewide Elder Helpline is 1-800-963-5337.

Senior exemptions in Duval County

The Duval County Property Appraiser describes two senior exemptions for owners 65 and older with limited household income, which the Department of Revenue sets at $38,686 for 2026:

ExemptionWhat it covers
Senior exemptionUp to $50,000 of county and municipal millage, where adopted
Long term residency senior exemption25 or more uninterrupted years in a home with a just value under $250,000; exempts the City of Jacksonville levy and that of any municipality that also adopted it

The appraiser uses its own application together with the state DR-501A income statement. The deadline is March 1, with late filing possible through the 25th day after TRIM notices are mailed in August. Owners who already receive the senior exemption must apply separately for the long term version. The appraiser also lists $5,000 exemptions for widows and widowers and for people with disabilities. If you live in one of the beach cities or Baldwin, ask the appraiser whether your city adopted either exemption. Our Florida homestead planning page explains the inheritance rules for a Jacksonville home.

How we work with Duval County clients

We do not have an office in Duval County. Jacksonville clients meet with an attorney by phone or video, and you are welcome at any of our offices. Your first consultation is free, and because the firm limits its caseload, you work directly with an attorney. For related local steps, see our Jacksonville estate planning and Jacksonville probate pages, and our Florida elder law overview. Contact us to talk it through.

More help in Duval County

We also help Duval County clients with:

Questions

Frequently asked questions

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Ask an attorney

Duval County guardianships are handled by the Clerk's Probate Department at the Duval County Courthouse, 501 W. Adams Street, Jacksonville. Cases are heard in the Fourth Judicial Circuit.

The Duval Clerk lists Aging True, formerly the Cathedral Foundation, as a guardianship training provider. Section 744.3145 requires 8 hours of approved instruction within 4 months of appointment unless the court waives it.

Yes. The Fourth Judicial Circuit covers Clay, Duval and Nassau counties, but each county keeps its own cases, so a parent living in Orange Park would have a guardianship filed in Clay County.

ElderSource is the Area Agency on Aging of Northeast Florida and the region's Aging and Disability Resource Center, at 10688 Old St. Augustine Road, (904) 391-6600.

Yes. The Duval County Property Appraiser describes a long term residency exemption for owners 65 and older with 25 years in a home worth under $250,000, applied to the City of Jacksonville levy.

Yes. Section 744.3045 lets a competent adult sign a declaration before two witnesses and file it with the clerk. If an incapacity case is filed, the clerk produces it.

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