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Elder law in Pinellas County

St. Petersburg and Clearwater Elder Law Attorney

From St. Petersburg and Gulfport to Clearwater, Largo, Dunedin and Palm Harbor, we help Pinellas County families plan for incapacity, meet the Sixth Circuit's guardianship rules and prepare for long term care.

Quick answer

Pinellas County guardianships are heard in the Sixth Judicial Circuit, which also serves Pasco County. The circuit's Administrative Order 2024-025 sets local guardianship procedures, including an approved Stetson course for family guardians and clerk audits of every report. We meet St. Petersburg and Clearwater clients by phone, video or at any office.

Pinellas is a peninsula of retirement communities, condos and long settled neighborhoods, and the Sixth Circuit oversees a large number of guardianships here. The circuit states that it monitors between 3,000 and 4,000 active guardianships in Pinellas County. That scale shows in the rules: Pinellas has a detailed set of local guardianship procedures. If you are a family member who may become a guardian, or a parent who wants to make sure no one ever needs to, this page explains how things work locally.

Communities we serve in Pinellas County

  • St. Petersburg and Gulfport
  • Clearwater
  • Largo and Seminole
  • Dunedin and Palm Harbor
  • Pinellas Park
  • Tarpon Springs and the beach communities

The court and its rules

Under s. 26.021, the Sixth Judicial Circuit is made up of Pasco and Pinellas counties. The key local document is Administrative Order 2024-025, on guardianship and guardian advocate procedures, signed in August 2024. It replaced an earlier 2019 order. Among its requirements:

  • Application and oath. Every proposed guardian files an Application for Appointment of Guardian and an oath, and nonprofessional guardians file a DCF release form when requested.
  • Background checks. Professional and nonprofessional guardians may be required to submit to credit and criminal checks periodically, in addition to the screening required by s. 744.3135 before appointment.
  • Education. A nonprofessional guardian completes 8 hours of instruction, or 4 hours for a parent who is guardian of a minor's property, through the approved Stetson University College of Law family and nonprofessional guardian education program, and files the certificate in the court file.
  • A disaster plan. Every initial guardianship plan must include one, a sensible rule in a coastal county.
  • Court approved forms. All reports use them, and the clerk issues a computer generated filing schedule along with the letters of guardianship.

How Pinellas reports are reviewed

  1. The guardian files the initial report within 60 days of letters, then annual reports on the clerk's schedule.
  2. The clerk audits every initial, annual and final report.
  3. If there is a problem, the court issues an order disapproving the report, and the guardian has 30 days to respond.
  4. If a report is missing, an order to file gives the guardian 20 days.
  5. A general magistrate audits reports and accountings, and a guardianship monitor investigates concerns about abuse, neglect or exploitation.

The Sixth Circuit's guardianship information page also posts a checklist for nonprofessional and family guardianship applications, a guardianship emergency plan form, a fingerprint requirement sheet for applicants who live out of state, and a guide of practical tips for family guardians. The Pinellas Clerk publishes a guardianship fraud hotline, 727-45-FRAUD (727-453-7283).

Children living out of state? Pinellas has a separate fingerprint requirement sheet for applicants who live outside Florida, so an out of state son or daughter who expects to serve as guardian should plan for that step early. Better still, a parent who signs a durable power of attorney and health care surrogate designation now may make the whole process unnecessary.

Planning that can make guardianship unnecessary

Before naming a guardian, the court must consider whether an alternative already addresses the problem. These are the documents that usually do:

Timing matters. These documents can only be signed while a parent still has the capacity to understand them. Once that window closes, a guardianship may be the only way left for the family to gain legal authority. If you have noticed changes in a parent's memory or judgment, it is worth having the conversation sooner rather than later, and including any brothers and sisters so everyone understands the plan.

Long term care and Medicaid

There is no Pinellas specific Medicaid application. The Department of Children and Families decides eligibility, and applications go through ACCESS Florida at myaccess.myflfamilies.com or the DCF call center at (850) 300-4323. Someone who needs nursing home or community long term care checks HCBS/Waivers or Nursing Home on the application, and a level of care decision is made through the Department of Elder Affairs CARES process. DCF reviews asset transfers made in the 60 months before the application month for the Institutional Care Program. These rules change and depend on the person, and we do not promise that anyone will qualify.

For services and caregiver support, Pinellas is served by the Area Agency on Aging for Pasco and Pinellas counties in St. Petersburg, (727) 570-9696, part of the statewide Elder Helpline network at 1-800-963-5337.

The Pinellas home

The homestead exemption is applied for through the Pinellas County Property Appraiser by March 1 (s. 196.011). Florida also lets counties and cities grant an additional exemption to owners 65 and older with household income under a yearly limit, $38,686 for 2026 according to the Department of Revenue, under s. 196.075. It is a local option, so whether it reduces your bill depends on which taxing authorities in your part of Pinellas have adopted it. We confirm that with the Property Appraiser for your parcel. Our Florida homestead planning page explains how the constitution protects a home and limits how it can be left.

How we work with Pinellas County clients

We do not have an office in Pinellas County. St. Petersburg and Clearwater clients meet with an attorney by phone or video, and you are welcome at any of our offices. Your first consultation is free. Because the firm limits its caseload, you work directly with an attorney who knows your family's situation. See our St. Petersburg estate planning and St. Petersburg probate pages for the rest of the local picture, or our Florida elder law overview. Contact us to begin.

More help in Pinellas County

We also help Pinellas County clients with:

Questions

Frequently asked questions

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Administrative Order 2024-025 approves the Stetson University College of Law family and nonprofessional guardian education program. Family guardians complete 8 hours, or 4 hours for a parent guarding a minor's property, and file the certificate in the court file.

Yes. Under the Sixth Circuit's Administrative Order 2024-025, every initial guardianship plan in Pinellas County must include a disaster plan, and the circuit posts a guardianship emergency plan form.

Under the Sixth Circuit's order, a missing report leads to an order to file with 20 days to comply. A report with problems leads to an order disapproving it, with 30 days to respond.

The Pinellas Clerk publishes a guardianship fraud hotline at 727-45-FRAUD (727-453-7283). The circuit also has a guardianship monitor who investigates abuse, neglect and exploitation.

Possibly, subject to Florida's qualification rules. The Sixth Circuit posts a separate fingerprint requirement sheet for out of state applicants, so plan for that step, or sign documents now that may avoid a guardianship.

Pinellas County is served by the Area Agency on Aging for Pasco and Pinellas counties in St. Petersburg, (727) 570-9696, which is part of the statewide Elder Helpline network at 1-800-963-5337.

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