Guardianship vs. Power of Attorney for Volusia and Flagler Families

What does guardianship mean for a parent in Volusia or Flagler County?

Guardianship is a circuit court case in which a judge finds that an adult cannot exercise certain rights and appoints someone to exercise them. In Volusia and Flagler, those cases are heard in the Seventh Judicial Circuit, and the judge may remove only the rights the person cannot handle.

Florida calls the person an "alleged incapacitated person" until the court rules, and a "ward" after. The order must list the exact rights removed, such as managing money, signing contracts or deciding where to live, and the person keeps every right the order does not name. A judge can find partial incapacity and appoint a limited guardian rather than a plenary one.

Families usually reach this point after a sudden change: a stroke, fast-moving dementia, a hospital that will not discharge without someone who can sign, or a bank that will not talk to an adult child. If your parent never signed planning documents, a court case may be the only way for anyone to act. Our page on a new dementia diagnosis covers the planning window that comes first.

Guardianship vs. power of attorney: what is the difference in Florida?

A durable power of attorney is a private document your parent signs while able to decide; guardianship is a court order made after they can no longer decide. If a valid power of attorney or other alternative covers the problem, Florida law says a guardian may not be appointed.

Sources: sections 709.2104, 709.2105, 744.331, 744.367 and 765.401, Florida Statutes, read November 12, 2026.

A Florida power of attorney is durable only if it says the agent's authority survives the principal's incapacity, and it must be signed by your parent, two witnesses and acknowledged before a notary. What a power of attorney is not: it is not a medical decision document, and it is not a court order, so a bank or facility can ask questions before accepting it.

If there is no health care surrogate, Florida's proxy list lets a spouse, then a majority of reasonably available adult children, then parents, siblings and others make medical decisions, so a guardianship is not always required for treatment. If a guardian is appointed, the order states what authority, if any, an existing surrogate keeps.

How does a guardianship case move through the Seventh Judicial Circuit?

A case starts with a verified petition to determine incapacity, then a court-appointed lawyer for your parent, a three-member examining committee, written reports within 15 days, and a hearing 10 to 30 days after the last report.

The petition must explain the facts behind the belief, list next of kin, name the family doctor if known, and say whether your parent already uses supported decision-making. The family physician generally cannot sit on the committee but must be consulted if available. If a majority of the committee finds your parent is not incapacitated, the petition is dismissed.

When there is imminent danger to health, safety or property, the court can appoint an emergency temporary guardian after 24 hours' notice. That authority ends after 90 days or when a guardian is appointed, and can be extended once for 90 more days.

The Seventh Circuit's own guardianship procedures add local requirements: a plenary guardian must be represented by an attorney, guardians submit to a criminal background check and, for property, a credit history, and they complete at least 8 hours of guardian training. Hearings are in person unless the court grants a remote appearance.

What does a guardianship cost at the Volusia and Flagler clerks?

At the Volusia County Clerk, a petition to determine incapacity costs $231 to file and opening a guardianship costs $235 for the person only or $400 when property is included, before attorney, examining committee and audit fees.

Source: Volusia County Clerk of the Circuit Court fee schedule, read November 12, 2026. Flagler County fees are posted by the Flagler County Clerk.

The examining committee and your parent's court-appointed attorney are paid reasonable fees set by the judge, taken from your parent's property, or paid by the state if your parent is indigent; the state can later claim against the estate. The petitioner's own attorney is a separate cost, and private professional guardians charge for their time too.

Volusia cases are handled by the clerk's Probate and Guardianship office at the Volusia County Courthouse in DeLand, (386) 736-5914, which also offers an online Guardianship Report Scheduler for annual due dates. Flagler cases go through the Flagler County Clerk at the Kim C. Hammond Justice Center, 1769 E. Moody Blvd., Bunnell; the probate line is 386-313-4497.

Who serves as guardian, and when does the Council on Aging of Volusia County step in?

Florida courts first appoint a qualified preneed or standby guardian the person chose, then generally prefer relatives and others suited to the job. When the person is indigent and no family or friend can serve, the Council on Aging of Volusia County is the state-contracted public guardian for Volusia and Flagler.

Beyond that, the judge considers your parent's own wishes, the next of kin's wishes when your parent cannot express one, anyone named as guardian in a will, and possible conflicts of interest. A spouse or adult child in Ormond Beach or Deltona is a common choice, but the court can appoint a professional guardian when family members disagree or none can serve.

The Council on Aging of Volusia County holds the state contract for public guardianship in Volusia, Flagler, Putnam and St. Johns counties (386-253-4700). A public guardian serves people who are indigent, have no friends or family willing or able to serve, and have been adjudicated incapacitated, and must keep looking for a qualified family member or friend to take over.

Once appointed, a guardian of the person files an annual guardianship plan, and a guardian of the property files an annual accounting, usually due by April 1 for the prior calendar year. Concerns about a registered professional guardian go to the state Office of Public and Professional Guardians hotline, 1-855-305-3030.

What can Daytona Beach and Palm Coast families do before guardianship is needed?

The cheapest guardianship is the one you never need: while your parent can still decide, they can sign a durable power of attorney, name a health care surrogate and name a preneed guardian. Each takes a few signatures, not a court case.

A preneed guardian declaration must be signed with two attesting witnesses present at the same time and can be filed with the clerk now. If a petition is ever filed, the clerk produces it, and the person named is presumed entitled to serve. Pair it with a durable power of attorney and a health care surrogate designation so a court rarely needs to get involved.

If your parent is moving into assisted living or a nursing home, the facility will ask who can sign. Having these papers ready before a hospital discharge avoids delays, and they matter for Medicaid long-term care applications and spousal planning too. This article is general information, not legal advice; a Florida elder law attorney can draft documents that fit your family.

Related questions: Where to find local help · Resident rights and discharge

Last verified: November 2026.