Volusia County Guardianship Lawyer
Most people assume that a guardianship is only necessary after a crisis strikes, but Florida law actually encourages families to plan for guardianship long before an emergency arises. A surprising number of guardianship cases in Volusia County involve adults who never anticipated needing a legal guardian, from young adults with developmental disabilities turning 18 to seniors experiencing a gradual cognitive decline. If you are dealing with questions about protecting a vulnerable family member, a Volusia County guardianship lawyer at Bundza & Rodriguez, P.A. can help you understand your options and build a clear path forward. Founded in 2007 by attorneys Corey Bundza and Michael Rodriguez, our firm has deep roots in this community and a thorough understanding of the specific needs that Volusia County families face.
What Most Families Get Wrong About Florida Guardianship Law
Here is something that catches families off guard: in Florida, when a child with a developmental disability or mental health condition turns 18, parents lose their automatic legal authority to make decisions on that child’s behalf. Overnight, a parent can no longer access medical records, consent to treatment, or manage financial affairs for their adult child without court authorization. This applies regardless of how dependent that young adult remains. Many families in Volusia County do not discover this gap until they are standing in a hospital hallway being told that staff cannot legally discuss their child’s care without proper legal documentation.
Another common misconception is that a power of attorney and a guardianship are interchangeable. They are not. A power of attorney is a voluntary legal tool, meaning the person granting authority must have legal capacity to sign the document. If a loved one has already lost the mental capacity to make sound decisions, a power of attorney may no longer be a valid option. In those situations, guardianship through the courts becomes the appropriate remedy. Understanding the distinction early can save families significant time, money, and emotional hardship.
Florida also recognizes what is called a “limited guardianship,” which is different from a plenary or full guardianship. Under a limited guardianship, the court only removes the specific rights the ward is unable to exercise, leaving all other rights intact. This approach is often more appropriate for individuals with partial capacity and reflects Florida’s strong preference for preserving individual autonomy wherever possible. Our attorneys work with families to pursue the least restrictive form of guardianship that still provides adequate protection.
The Guardianship Process in Volusia County Courts
Guardianship proceedings in Volusia County are handled through the Volusia County Courthouse, located in DeLand at 101 North Alabama Avenue. The process begins with the filing of a petition, followed by an examination of the alleged incapacitated person by a court-appointed examining committee. This committee typically includes a physician, a mental health professional, and a layperson, each of whom files a separate report with the court. These reports carry significant weight and can shape the outcome of the entire proceeding.
After the examining committee submits its findings, the court holds a hearing to determine whether the person is indeed incapacitated and to what degree. The court also considers whether a less restrictive alternative, such as a healthcare surrogate designation or a durable power of attorney, could adequately address the person’s needs without formal guardianship. If guardianship is granted, the court appoints a guardian, who is then required to file an initial plan and inventory of the ward’s assets. From that point forward, the guardian must submit annual reports to the court accounting for the ward’s personal wellbeing and financial status.
This process has many moving parts, and mistakes at any stage can delay or jeopardize the appointment. Our attorneys at Bundza & Rodriguez, P.A. personally handle every aspect of your guardianship case, from preparing and filing the initial petition to representing you at hearings and helping you fulfill your ongoing reporting obligations once guardianship is established. Your case will always be handled by an attorney, not a legal assistant or case manager.
Protecting Vulnerable Adults and Minor Children
Guardianships arise in a wide range of circumstances, and each situation brings its own emotional and legal challenges. For families with minor children, a guardianship may be necessary when parents are no longer able to care for their child due to illness, incarceration, or death. Grandparents, aunts, uncles, and close family friends often step forward in these moments, unsure of what legal steps they need to take. Establishing a legal guardianship gives the caregiver the authority to enroll a child in school, access medical care, and make other critical decisions without having to navigate institutional resistance at every turn.
For elderly residents of Volusia County, guardianship often becomes necessary as Alzheimer’s disease, dementia, or other conditions progress. Florida’s guardianship statutes were designed specifically to protect those who can no longer protect themselves, and the courts take this responsibility seriously. Unfortunately, there are also cases where elderly individuals are exploited by family members, caregivers, or others who take advantage of their diminished capacity. In those situations, a concerned family member may need to act quickly to petition for guardianship before further harm is done.
Our firm also handles cases involving individuals with physical or cognitive disabilities who require long-term advocacy. These guardianships often extend for many years and require careful ongoing management. We work closely with our clients to ensure they understand their duties as guardians and remain in good standing with the court throughout the guardianship’s duration.
When Guardianship Is Contested or Abused
Not all guardianship cases proceed smoothly. Sometimes family members disagree about who should serve as guardian or whether a guardianship is necessary at all. In other cases, a guardian who was once trusted begins acting in ways that are not in the ward’s best interest. Florida courts have mechanisms to address both of these situations, but exercising those remedies typically requires experienced legal representation.
A contested guardianship can quickly become adversarial, with multiple parties presenting conflicting evidence about the ward’s capacity and best interests. Our attorneys have the courtroom experience to represent clients effectively in these disputes. We understand how to present medical and testimonial evidence, how to challenge the findings of the examining committee when warranted, and how to advocate for an outcome that genuinely serves the ward’s needs rather than the competing interests of other parties.
Unfortunately, there are also times when a court-appointed guardian or a family member entrusted with guardianship responsibilities abuses that authority. This may involve misappropriating the ward’s funds, making decisions that benefit the guardian rather than the ward, or neglecting the ward’s basic care needs. When abuse of guardianship occurs, affected family members have legal options. Our firm files legal actions on behalf of those who have been harmed or deprived of their rightful role in a loved one’s care, and we pursue those claims with the same aggressive advocacy we bring to every case we handle.
Volusia County Guardianship FAQs
What is the difference between a guardian of the person and a guardian of the property in Florida?
A guardian of the person is responsible for decisions related to the ward’s health, welfare, and daily living arrangements. A guardian of the property manages the ward’s financial assets, including bank accounts, investments, and real estate. Florida courts can appoint one person to serve both roles or separate the responsibilities between two individuals, depending on what best serves the ward’s needs.
Can a family member serve as a guardian without hiring an attorney?
While Florida law does not always require an attorney for every step of a guardianship proceeding, the process involves filing multiple legal documents with the court, attending formal hearings, and complying with ongoing reporting requirements. Errors in these filings can delay the process significantly or result in the petition being denied. Having an experienced attorney handle the proceeding greatly improves the likelihood of a successful outcome.
How long does a guardianship proceeding typically take in Volusia County?
The timeline varies depending on whether the case is contested and how quickly the examining committee completes its reports. In straightforward, uncontested matters, a guardianship can sometimes be established within a few months. Contested cases or those involving complex financial assets can take considerably longer. Our attorneys work to move each case forward as efficiently as possible while ensuring all legal requirements are met.
What are the annual reporting requirements for a Florida guardian?
Florida law requires guardians to file annual reports with the court covering both the ward’s personal wellbeing and financial accounts. The guardian of the person must report on the ward’s current living situation, medical condition, and overall welfare. The guardian of the property must file a detailed accounting of all assets, income, and expenditures. Failure to file these reports can result in the guardian being removed and potentially held personally liable.
Can a guardianship be terminated once it is established?
Yes. A guardianship can be terminated or modified if the ward’s condition improves to the point where they can manage their own affairs, if a less restrictive alternative becomes available, or in the event of the ward’s death. A petition to terminate or modify a guardianship must be filed with the court, and the court will review evidence before making a decision. Our attorneys can assist with both the establishment and the modification or termination of guardianships as circumstances change.
Is emergency guardianship available in Florida for urgent situations?
Yes. Florida courts can appoint an emergency temporary guardian when there is an immediate threat to a person’s health, safety, or financial welfare. This type of appointment is limited in duration and scope but can provide critical protection while the full guardianship process moves forward. Given the urgency involved in these situations, having an attorney who can prepare and file an emergency petition quickly is essential.
Serving Throughout Volusia County
Bundza & Rodriguez, P.A. proudly serves clients across Volusia County, from the beachside communities of Daytona Beach Shores and Ormond Beach to inland areas including DeLand, where the county courthouse is located. We regularly assist families in South Daytona, Port Orange, New Smyrna Beach, and Edgewater, as well as those in the northern reaches of the county near Flagler County. Our office is accessible to clients from Deltona, Holly Hill, and the communities of Orange City and Deland, whether they need assistance establishing a new guardianship or resolving a dispute over an existing one. Weekend and evening consultations are available for those who cannot meet during standard business hours, and our attorneys are willing to meet with clients at their homes or other locations when circumstances require it.
Contact a Volusia County Guardianship Attorney Today
Protecting a vulnerable family member through the legal system takes careful preparation, persistence, and a genuine understanding of Florida’s guardianship laws. The team at Bundza & Rodriguez, P.A. has been serving families throughout this community since 2007, and our attorneys bring hands-on experience to every case they handle. Whether you are starting the guardianship process, facing a contested hearing, or dealing with concerns about an existing guardian’s conduct, a dedicated Volusia County guardianship attorney at our firm is ready to help. All initial consultations are free, so reach out to our team today to discuss your situation and take the first step toward protecting the people who matter most.
