In Florida, when a loved one requires extra assistance to care for themselves, the courts can appoint a person to legally become their guardian.

A Volusia County guardianship will allow you to assist your loved one in 4 ways:

1. Choosing the residence

As part of guardianship, you become able to control how and where your incapacitated loved one will live.

In cases of disabled adults, it will be your job to ensure they find safe and adequate housing or that they can live with you in an environment that meets their medical needs.

2. Medical Care

When you become a guardian, you’ll have to take on the day-to-day medical care for your ward.

Typically, guardianships are sought when a person can’t provide adequate care for themselves, such as adults with disabilities. One of your biggest responsibilities will be to ensure your ward gets the right treatment, medications, therapy, counseling, and so forth.

3. Managing Finances

You will also be entrusted to maintain all of your loved one’s financial assets.

When a guardianship is granted, you’ll establish a special bank account — that restricts the use of your ward’s assets — to pay for their care.

Should they have any assets such as property or investments, you’ll also be required to manage these safely and responsibly.

4. Reports to the Court

As part of your guardianship agreement, Florida courts will require you to provide various ongoing reports to monitor and ensure the welfare of your loved one.

These include any care plans, medical reporting, and financial statements.

Volusia County Guardianship

Consulting with a seasoned guardianship lawyer will help you determine the right course of action if you’re considering applying for guardianship.

In Florida, the practice of using “lady bird deeds” to transfer property following a death has become increasingly popular. The term got its name from former president Lyndon B. Johnson, who used a deed to leave property to his wife, Lady Bird, after his passing.

What Is a Lady Bird Deed?

A lady bird deed is a kind of estate deed that enables you to leave your real estate to your beneficiaries without probate.

You are able to maintain full control of your property while you are alive.

This type of deed is also frequently used when a person is preparing to apply for Long Term Care Medicaid, since the “gift” does not occur until you die.

Advantages of a Lady Bird Deed in Estate Planning

There are several advantages to using a lady bird deed in Florida. The single largest benefit is the ability to prevent your real estate from going through probate after your death.

A lady bird deed also has the benefit of separating the property from Medicaid eligibility while the deed is in effect. Under this approach, you can keep ownership of your home while still qualifying for Medicaid.

Since you maintain full control of the property, this means that you may still do many things with the property, such as sell it, get a mortgage on it, or give it away, without having to notify the people designated to receive the gift following your death.

Contact a Daytona Beach Probate Attorney

Florida is one of the only states in the country where lady bird deeds are legal. A Daytona Beach probate attorney has the experience and expertise to guide clients through the lady bird deed process.

Contact Us

Port Orange Office:
Prestige Executive Center
823 Dunlawton Ave. Unit C
Port Orange, FL 32129
Local: 386.256.4882
Toll Free: 877.447.4667
New Smyrna Beach Office:
646 N Dixie Fwy
New Smyrna Beach, FL 32168
Local: 386.256.4882
Toll Free: 877.447.4667