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Elder law in Sarasota and Manatee

Sarasota and Bradenton Elder Law Attorney

From Sarasota and Venice to Bradenton, Lakewood Ranch and the islands, we help older adults and their families plan for incapacity, understand guardianship in the Twelfth Circuit and prepare for long term care.

Quick answer

Sarasota and Manatee guardianships are heard in the Twelfth Judicial Circuit, which also serves DeSoto County. In Sarasota, the Clerk's Probate and Guardianship Division works from the Historic Courthouse and the Venice courthouse. In Manatee, the Clerk's department is on Manatee Avenue West in Bradenton. We meet clients by phone, video or at any of our offices.

Sarasota and Manatee counties have some of the oldest populations in Florida, and the elder law questions we hear from this stretch of the Gulf Coast are practical ones. A daughter in Bradenton wants to know whether she needs a guardianship to manage her father's accounts. A couple in Venice wants to plan for the possibility that one of them will need nursing home care. A widow on Longboat Key wants to make sure her property tax exemptions follow her. This page covers the local rules that shape those answers.

Communities we serve

  • Sarasota and Longboat Key
  • Venice and Englewood
  • North Port
  • Bradenton and Palmetto
  • Lakewood Ranch and Parrish
  • Anna Maria, Holmes Beach and Bradenton Beach

Where guardianship cases are filed

Under s. 26.021, the Twelfth Judicial Circuit is made up of DeSoto, Manatee and Sarasota counties. The judges are shared, but each county's clerk keeps its own guardianship files.

CountyClerk's officeLocation
SarasotaProbate and Guardianship DivisionHistoric Courthouse, 2000 Main Street, Room 102, Sarasota, and the South County Courthouse in Venice
ManateeProbate and Guardianship Department1115 Manatee Avenue West, Bradenton

Both clerks are clear that a family cannot handle a guardianship alone. The Manatee Clerk states that Florida law does not allow a guardianship to be filed without an attorney, and the Sarasota Clerk notes that every guardian must have a Florida attorney under the probate rules. The Sarasota Clerk also keeps a rotation list of attorneys the court can appoint for the person alleged to be incapacitated.

Local rules for family guardians

The Twelfth Circuit has published administrative orders that apply to both counties:

  • AO 2018-8.5 covers the appointment of nonprofessional guardians, including the level 2 background screening required by s. 744.3135, and directs the clerk to file credit history reports in the court file.
  • AO 2017-11.5 approves the State College of Florida guardianship training as meeting the education requirement of s. 744.3145. The Sarasota Clerk links to the college's online family guardianship course.

The education rule itself is statewide: a nonprofessional guardian completes at least 8 hours within 4 months of appointment, or 4 hours for a guardian of a minor's property only. After that, the reports begin:

  1. Within 60 days of letters, the guardian files an initial plan and, for a guardian of the property, an inventory.
  2. Each year, the annual plan and annual accounting are due on the first day of the fourth month after the anniversary month of the appointment. The Manatee Clerk publishes a month by month table of due dates.
  3. The clerk reviews every report. The Sarasota Clerk charges no audit fee for plans, $85 for an initial inventory over $25,000, and $20 to $250 for an annual accounting depending on the estate.

The Twelfth Circuit also runs a Court Guardianship Monitoring Program, which reviews cases at 60 days and annually and investigates reports of abuse or exploitation. Sarasota has an anonymous hotline for concerns, (855) 506-0304. The circuit has also listed certain hearings, including emergency temporary guardian and final guardianship hearings, as in person hearings unless the parties agree otherwise.

Before a guardianship: the court must consider whether an alternative, such as a durable power of attorney or health care surrogate, already addresses the problem. A parent who can still sign those documents, or a preneed guardian declaration under s. 744.3045 filed with the clerk, may spare the family the whole process.

Long term care Medicaid

There is no separate Sarasota or Manatee application for Medicaid. The Department of Children and Families decides eligibility statewide, and applications go through the ACCESS Florida system at myaccess.myflfamilies.com. A person who needs nursing home or community long term care checks the box for HCBS/Waivers or Nursing Home on the application. DCF's call center is (850) 300-4323.

For the Institutional Care Program, DCF reviews asset transfers made within the 60 months before the application month, and a level of care decision is made through the Department of Elder Affairs CARES assessment. Rules change and depend on the person, so we review the current rules with you before anything is moved. We do not promise that anyone will qualify.

For help finding services, the two counties are served by different aging agencies. Sarasota County is served by the Area Agency on Aging for Southwest Florida, (866) 413-5337. Manatee County is served by the Senior Connection Center, (800) 336-2226. The statewide Elder Helpline is 1-800-963-5337.

Senior property tax exemptions

Under s. 196.075, counties and cities may grant an extra homestead exemption to owners 65 and older with household income under a yearly limit, which the Department of Revenue lists as $38,686 for 2026. The two counties have adopted it differently.

Taxing authoritySenior exemption
City of Sarasota, Longboat Key, City of Venice$50,000
City of North Port$25,000
Sarasota County$5,000
Manatee County$25,000
Anna Maria, Longboat Key, Bradenton Beach, Holmes Beach (Manatee side)$25,000

The Sarasota County Property Appraiser notes the exemption does not reduce school, hospital or water management district taxes. Both appraisers take applications by March 1 and ask for income documents by June 1. The Sarasota appraiser also lists $5,000 exemptions for disability and blindness. If you are moving your home into a revocable living trust, check that the exemptions carry over, and see our Florida homestead planning page for the inheritance rules.

Documents that keep families out of court

When a parent dies, our Sarasota and Manatee probate page explains the local estate steps, and our Sarasota estate planning page covers the core plan.

How we work with Sarasota and Manatee clients

We do not have an office in Sarasota or Manatee County, so most clients here meet with us by phone or video, and you are welcome at any of our offices. Video also lets adult children in other states join the conversation. Your first consultation is free, and because the firm limits its caseload, you work directly with an attorney. Our Florida elder law page explains each service in more depth. Contact us to get started.

More help in Sarasota and Manatee

We also help Sarasota and Manatee clients with:

Questions

Frequently asked questions

Do not see your question? Call us and an attorney will walk you through it.

Ask an attorney

Guardianship cases are handled by the Sarasota Clerk's Probate and Guardianship Division at the Historic Courthouse, 2000 Main Street, Room 102, with a second office at the South County Courthouse in Venice. An attorney is required.

No. The Manatee Clerk states that Florida law does not allow a guardianship to be filed without an attorney. Its Probate and Guardianship Department is at 1115 Manatee Avenue West in Bradenton.

Administrative Order 2017-11.5 approves the State College of Florida guardianship training as meeting the 8 hour requirement of section 744.3145. The course must be completed within 4 months of appointment.

Yes, but the amounts differ. The Property Appraiser lists $50,000 for the City of Sarasota, Longboat Key and Venice, $25,000 for North Port, and $5,000 for Sarasota County, for owners 65 and older under the income limit.

The Twelfth Circuit's Court Guardianship Monitoring Program investigates abuse and exploitation and lists an anonymous Sarasota hotline at (855) 506-0304. The Sarasota Clerk also has an Inspector General who takes guardianship fraud reports.

Applications go to the Department of Children and Families through ACCESS Florida, online at myaccess.myflfamilies.com or by calling (850) 300-4323. Choose HCBS/Waivers or Nursing Home on the Benefit Information screen.

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