Daytona Beach Elder Law Attorney

Volusia County has a large community of retirees, many of them in Deltona, DeBary, Port Orange and the beach towns, and many with children who live hours away. When a parent's health changes here, the family often has to act from a distance. Knowing in advance how Volusia handles guardianship, where to file and what the county's property tax exemptions offer can save weeks. This page brings those local details together.

Communities we serve in Volusia County

• Daytona Beach and Daytona Beach Shores
• Ormond Beach and Holly Hill
• DeLand and Orange City
• Deltona and DeBary
• Port Orange and South Daytona
• New Smyrna Beach, Edgewater and Ponce Inlet

Filing a guardianship in Volusia

Under s. 26.021, the Seventh Judicial Circuit is made up of Flagler, Putnam, St. Johns and Volusia counties. For Volusia, guardianship filings go to the Clerk's Probate and Guardianship division:

The Clerk lists a $400 filing fee for a guardianship of the property, or of the person and property, and $235 for a guardianship of the person only. The Clerk also notes that a person convicted of a felony cannot be appointed guardian.

Local procedures in Division 10

Volusia guardianship cases are heard in the circuit's Division 10, in DeLand, under a standing order for probate and guardianship cases signed in August 2024. Families should know three things about it. Hearings are set through the judicial assistant, not by the parties. Hearings that will last an hour or more, and any evidentiary hearing, are held in person, while shorter hearings may be held by video. And proposed orders are emailed to the division in an editable Word format rather than uploaded through the electronic filing portal.

The circuit's published guardianship procedures for Volusia also expect each prospective guardian to file an application, a credit history report and a criminal background screening, consistent with ss. 744.3125 and 744.3135, and to take an oath before letters issue. A guardian advocate files the application and background screening but no credit report. Any request to waive a requirement must show good cause and be raised by the appointment hearing. The circuit's guardianship education order lists approved course options for the 8 hour requirement of s. 744.3145.

After appointment: reports and audits

1. File the initial report under s. 744.362 within 60 days of letters.
2. Use the Clerk's online Guardianship Report Scheduler to calculate when each annual report is due under s. 744.367.
3. Expect the Clerk to audit: it lists $85 to audit an initial inventory and $20, $85, $170 or $250 for an annual accounting, depending on the size of the estate.

Signing documents before they are needed

Every one of these court steps can usually be avoided if a parent signs the right papers while still able to. A durable power of attorney is signed before two witnesses and a notary. A health care surrogate designation and living will are each signed before two adult witnesses. A preneed guardian declaration under s. 744.3045 names the person a parent would want as guardian and can be filed with the Volusia Clerk in advance.

Long term care and Medicaid

The Department of Children and Families decides Medicaid eligibility for every Florida county, including Volusia. Apply online 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 each person. We explain them; we do not promise eligibility. ElderSource, the Area Agency on Aging for northeast Florida, lists Volusia among the counties it serves and can be reached at (904) 391-6600 or through the Elder Helpline at 1-800-963-5337.

Senior exemptions in Volusia County

The Volusia County Property Appraiser publishes one of the more detailed lists of local senior exemptions in Florida. For owners 65 and older with household income up to $38,686, the maximum additional exemptions include:

• $50,000 for all county taxing authorities, Daytona Beach, Deltona and Pierson.
• $25,000 for DeBary, DeLand, Edgewater, Holly Hill, Lake Helen, New Smyrna Beach, Orange City, Ormond Beach, Ponce Inlet, Port Orange, South Daytona and Daytona Beach Shores.
• $10,000 for Oak Hill.

The long term resident version, for owners of 25 years or more in a home with a just value under $250,000, is granted by the county taxing authorities, DeBary, Deltona, Holly Hill, New Smyrna Beach and Ponce Inlet. The appraiser also lists a $5,000 widow or widower exemption and a $5,000 disability exemption, each due by March 1. For owners who use a wheelchair, are paraplegic or are legally blind, the appraiser lists a full homestead exemption when household income is under a separate limit, $37,712 for 2026, and quadriplegic owners qualify without an income test. First time applicants for the senior exemption file by March 1 under s. 196.075; the appraiser's page also mentions a June 1 date for income documentation, so confirm current timing with its office. See our Florida homestead planning page for the inheritance rules.

How we work with Volusia County clients

Volusia clients meet with an attorney at our Orlando office, about an hour from Daytona Beach and DeLand, or by phone or video. Your first consultation is free, and because the firm limits its caseload, you work directly with an attorney. For the rest of the plan, see our Daytona Beach estate planning and Daytona Beach probate pages, or the Florida elder law overview. Contact us to talk it through.