Orlando Elder Law Attorney

Orlando is our home base in Central Florida, and many of the elder law families we meet here are caring for a parent while working full time. Some need documents in place before a planned surgery. Some are already facing a hospital discharge, a memory care placement or a question from a bank about who has authority. This page explains how guardianship works in Orange County, what the local offices publish, and how you can often avoid the court process entirely.

Communities we serve in Orange County

• Orlando
• Winter Park and Maitland
• Apopka
• Winter Garden and Ocoee
• Windermere and Dr. Phillips
• Lake Nona and east Orange County

Where Orange County guardianship happens

Under s. 26.021, the Ninth Judicial Circuit is made up of Orange and Osceola counties. Two locations matter for an Orange County guardianship:

The division's written policies and procedures were updated in January 2026. Guardianship files are confidential, so there is no public online docket. The Clerk's guardianship FAQ notes that emergency temporary guardians are usually appointed within about 48 hours of filing, while other guardianships take about 30 days, though every case depends on its facts. The Clerk's probate office lists telephone hours of 8:00 a.m. to noon on weekdays, with the office itself open from 7:30 a.m. to 4:00 p.m., so plan calls for the morning.

One detail catches families out. The Ninth Circuit is shared with Osceola County, but each county keeps its own guardianship cases. If your parent lives in Kissimmee or St. Cloud rather than Orlando, the case is filed with the Osceola County Clerk, not at the Orange County Courthouse, even though the same circuit oversees both.

Requirements for family guardians

1. Background and credit check. Under the division's procedures, a proposed guardian of the property must have a Live Scan background check and a credit check filed and viewable in the court file before the appointment hearing. Poor credit or significant funds may lead the court to require a bond.
2. Education. A Ninth Circuit form for the Orange County probate division explains the education and background requirements of ss. 744.3135 and 744.3145 and names Seniors First, Inc. in Orlando as the course provider. The 8 hour course must be completed within four months of appointment.
3. Initial reports. A guardian of the person files an initial plan, and a guardian of the property files an inventory, within 60 days after letters issue.
4. Annual reports. Annual plans and accountings are due on the first day of the fourth month after the anniversary month.
5. Clerk audit. The Clerk charges no audit fee for plans, $85 for an initial inventory over $25,000, and $20 to $250 for annual accountings depending on the estate's value.

The Clerk's guardianship page also posts forms for the annual plan of the person, the accounting of a guardian of the property, a simplified accounting and a guardian's statement about do not resuscitate orders, and its Self Help Center offers general guidance. Vulnerable adult brochures are available in English, Spanish and Haitian Creole.

Alternatives to guardianship

The documents that most often make a guardianship unnecessary are a durable power of attorney, signed before two witnesses and a notary, and a health care surrogate designation and living will, each signed before two adult witnesses. A preneed guardian declaration under s. 744.3045 lets you name the person you would want as guardian if one were ever needed, and you can file it with the Orange County Clerk ahead of time.

Long term care and Medicaid in Orange County

Medicaid for nursing home care and the long term care waiver is decided by the Department of Children and Families, not by any county office. 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. The need for nursing level care is assessed through the Department of Elder Affairs CARES program, and DCF reviews transfers of assets in the 60 months before the application month for the Institutional Care Program.

The Senior Resource Alliance, the Area Agency on Aging for Orange, Osceola, Seminole and Brevard counties, is a few minutes from our office at 3319 Maguire Blvd. in Orlando, (407) 514-0019. Medicaid rules depend on the person and change over time, and we do not promise that anyone will qualify.

Senior exemptions at the Orange County Property Appraiser

The Orange County Property Appraiser's exemption guide lists a Limited Income Senior exemption that counties and cities may grant under s. 196.075 to owners who are 65 or older on January 1 and under the household income limit, $38,686 for 2026 according to the Department of Revenue. Because it is a local option, the amount depends on whether your city has adopted it in addition to the county. The guide also lists a $5,000 widow or widower exemption, a $5,000 disability exemption, and a total exemption for certain wheelchair users under the income limit. The filing deadline is March 1. Our Florida homestead planning page explains how a home is protected and passed on.

How we work with Orange County clients

You can meet with an attorney at our Orlando office at 815 N. Magnolia Ave., Orlando, FL 32803, or by phone or video if your parent cannot travel. Your first consultation is free, and because the firm limits its caseload, you work directly with an attorney. See our Orlando estate planning and Orlando probate pages for related local steps, and our Florida elder law overview. Contact us to schedule a time.