Boca Raton and West Palm Beach Elder Law Attorney

Palm Beach County is home to many retirees and seasonal residents, and its guardianship system has developed its own safeguards. The Clerk has built a dedicated program to audit and investigate guardianships, the circuit has its own rules for who hears which case, and every proposed guardian goes through fingerprinting and a credit report. For families in Boca Raton, Delray Beach or Jupiter, this page explains those local rules, the property tax exemptions that differ from city to city, and the planning that can keep a parent out of guardianship court altogether.

Communities we serve in Palm Beach County

• Boca Raton
• Delray Beach and Boynton Beach
• West Palm Beach and Lake Worth Beach
• Wellington and Royal Palm Beach
• Palm Beach Gardens and North Palm Beach
• Jupiter and Tequesta

How the Fifteenth Circuit handles guardianship

Under s. 26.021, the Fifteenth Judicial Circuit is made up of Palm Beach County only. Its Administrative Order 6.101, signed in June 2022, sets out how probate and guardianship cases are assigned:

• The Probate and Guardianship Division is split into two divisions, IA and IZ, and new chapter 744 cases, including incapacity petitions, are randomly assigned between them.
• The incapacity petition, any emergency temporary guardianship and the plenary or limited guardianship for the same person all go to the same judge.
• When spouses are both incapacitated and their assets are intertwined, their cases go to one judge.

The Clerk's guardianship office is at the Main Courthouse, 205 N. Dixie Highway in West Palm Beach, and the Clerk's guidance is that an attorney is generally needed for a guardianship.

Screening and education for Palm Beach guardians

1. Fingerprints. The circuit requires electronic fingerprinting for all proposed guardians, before appointment, as part of the level 2 background check under s. 744.3135. It publishes the agency number nonprofessional guardians use, and Live Scan prints can be taken through FDLE approved providers or Palm Beach County Sheriff's Office sites.
2. Credit report. Every proposed guardian also files a credit report that includes a FICO score, electronically, with a notice of confidential filing.
3. Education. The chief judge has approved family guardian courses under s. 744.3145, including St. Petersburg College's online family guardian training and courses from the Guardianship Program of Dade County and Guardianship Training and Support Services. The circuit also posts an order requiring guardians to fulfill the education requirement.
4. Reports. After appointment, the guardian files an initial report within 60 days of letters and annual reports that the Clerk reviews.

Keeping a parent out of guardianship

Before appointing a guardian, the court must consider whether an alternative already addresses the problem. In practice, that means these documents, signed while a parent still has capacity:

• A durable power of attorney, signed before two witnesses and a notary.
• A health care surrogate designation and a living will, each signed before two adult witnesses.
• A revocable living trust with a successor trustee.
• A preneed guardian declaration under s. 744.3045, which can be filed with the Clerk in advance and creates a presumption in favor of the person you named.

Seasonal residents should pay particular attention. Documents drafted for another state may not meet Florida's signing rules, and the people named may not be practical choices if they live far away.

Long term care and Medicaid

The Department of Children and Families decides Medicaid eligibility, including for nursing home care and the long term care waiver. Apply through ACCESS Florida at myaccess.myflfamilies.com, checking HCBS/Waivers or Nursing Home on the Benefit Information screen, or call (850) 300-4323. DCF reviews asset transfers within the 60 months before the application month for the Institutional Care Program, and the rules change and depend on the person. We do not promise eligibility.

The Area Agency on Aging of Palm Beach/Treasure Coast, 701 Northpoint Parkway in West Palm Beach, is the Aging and Disability Resource Center for the county, (561) 684-5885. Its Elder Helpline for Palm Beach County is (561) 214-8600.

Senior exemptions vary by city

The Palm Beach County Property Appraiser lists the limited income senior exemption under s. 196.075 for owners 65 and older with 2026 household income up to $38,686. Palm Beach County grants $25,000, and many cities add their own amount:

Boca Raton does not appear on the appraiser's list of cities, so a Boca owner would generally see only the county amount. The long term resident version, which the appraiser calls the Super Senior exemption, is offered only by Boynton Beach and Delray Beach, for owners of 25 years or more in a home worth under $250,000. The application, form DR-501SC, is due March 1. The appraiser also lists a $5,000 widow or widower exemption and disability exemptions. Our Florida homestead planning page covers the inheritance rules.

How we work with Palm Beach County clients

Palm Beach County clients meet with an attorney at our Fort Lauderdale office, about a half hour south of Boca Raton, or by phone or video. Your first consultation is free, and because the firm limits its caseload, you work directly with an attorney. See our Palm Beach estate planning and Palm Beach probate pages for the rest of the local picture, and our Florida elder law overview. Contact us to begin.