Daytona Beach Guardianship Attorney
When an individual can no longer make sound personal or financial decisions, guardianship may serve as a safeguard that ensures their well-being and interests are protected. Florida’s probate courts oversee the guardianship process, and the process is closely scrutinized to ensure the ward’s rights are protected. If you are seeking guardianship, you can rely on a Daytona Beach guardianship lawyer to help you navigate the process with favorable outcomes.

Why Choose The Preston Law Firm?
The Preston Law Firm understands that individuals and families do not seek guardianship without good reason. Guardianship is often not the first option family members seek to help an elderly or developmentally disabled loved one. Once that decision has been made, we are here to help.
With more than 50 years of combined experience, our compassionate guardianship lawyers are dedicated to helping clients through every stage of the process. When you work with our attorneys, you gain access to a law firm that has served Daytona Beach since 1986. With over 3,000 clients served, we have built a strong record of guiding families in Daytona Beach, Florida through complex probate and guardianship cases.
Understanding the Guardianship Process in Daytona
Guardianship is a legal process in which the court appoints a responsible individual to make personal, medical, or financial decisions on behalf of someone unable to manage their own affairs. This safeguard is important in Daytona Beach, where 21.41% of residents are aged 65 or older and are at a higher likelihood of age-related incapacity.
As of August 19, 2024, Florida reported nearly 34,565 open guardianship cases, covering both adult and minor wards. In the 2023–24 fiscal year, circuit courts statewide handled 146,763 probate-related filings, which included guardianship matters. During these proceedings, judges require detailed documentation, regular reporting, and strict compliance to ensure the ward’s rights and best interests are protected.
In Daytona neighborhoods such as Pelican Bay, Ortona Park, and Daytona Highlands, guardianship often becomes necessary when families need legal authority to manage property, healthcare, or finances for a loved one. These types of cases are handled at the Volusia County Courthouse Annex (Probate Division), located at 125 E. Orange Avenue.
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Is Guardianship the Right Option?
Guardianship may be the right option in Florida when less restrictive alternatives, such as powers of attorney or healthcare directives, are no longer effective. Guardianship provides legal authority over the ward’s personal, medical, and financial matters.
Guardianship may be the right option if:
- An elderly parent can no longer manage finances, healthcare, or daily responsibilities
- A disabled adult requires long-term protection and decision-making support
- A minor child inherits property or assets that need careful management
- A senior loved one develops advanced dementia
Families often turn to guardianship when an elderly parent, disabled adult, or minor child requires ongoing protection and decision-making support. Although it is a serious step, guardianship offers stability and safeguards for vulnerable individuals.
Why You Should Hire a Guardianship Lawyer
When questions of incapacity arise, guardianship laws in Florida determine how decisions about healthcare, finances, and daily life will be made. These cases often involve complex family dynamics and strict court oversight. A Daytona Beach guardianship attorney can provide guidance on the petition process, help gather necessary medical and legal evidence, and represent you in hearings.
Guardianship cases require close attention to detail and an understanding of the responsibilities placed on the guardian. When you hire a guardianship lawyer, you gain an advocate who can explain your duties and state guardianship laws clearly. From filing the initial petition to addressing disputes that may arise, legal representation can make the guardianship process smoother and less stressful.

FAQs
A: As with other legal services, attorneys set hourly rates and charge accordingly for their services. For estate planning services, an attorney can charge by the hour or require a flat fee as a condition for legal services. These fees should be disclosed in the attorney-client agreement. If you have questions about the cost of legal representation, your attorney can discuss their fee rate and payment method during your initial consultation.
A: The courts set stringent guidelines for what does or does not qualify for guardianship in Florida. Generally, the courts require petitioners to demonstrate that the proposed ward can no longer make sound personal and financial decisions, often due to advanced age, cognitive decline, or a disability. A guardianship attorney who has handled guardianship cases can assess your case to see if it qualifies in Florida.
A: No. Guardianship in Florida does not provide unlimited powers. Probate courts tailor guardianship to the ward’s specific needs, which may include financial, medical, or personal matters. Some guardianships are limited, which allows the individual to retain certain rights. Even in plenary guardianships, guardians are subject to court oversight and file regular reports.
A: Guardianship in Florida typically lasts as long as the court determines the ward remains incapacitated. Guardianship can end if the ward regains capacity, passes away, or if the court finds guardianship is no longer necessary. Guardians are required to report regularly to the court, and the courts rely on those reports to determine whether to modify or terminate the arrangement at any time.
Work With a Trusted Guardianship Attorney
Guardianship is a serious responsibility that protects individuals who can no longer make sound decisions on their own. Florida’s probate courts carefully oversee the process to safeguard the rights and well-being of the ward. With the guidance of an experienced guardianship lawyer, families can make informed decisions with confidence and care.
Since 1986, The Preston Law Firm has helped Daytona Beach families handle complex probate and guardianship matters. With over 50 years of combined legal experience and more than 3,000 clients served, our attorneys provide trusted guidance through every stage of guardianship. Contact our office today to schedule your consultation so we can learn about your goals and explain the guardianship process in detail.