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Elder Law Attorney for Delray Beach, Florida

Your Delray Beach parent is aging. The right plan protects them and you.

Nursing-home Medicaid, protecting the home, and the incapacity documents that avoid guardianship, for Palm Beach County families, wherever you are.

  • Nursing-home Medicaid, protecting the home and qualifying the right way
  • Durable POA, health-care surrogate, and living will that avoid guardianship
  • For the adult child stepping in, handled by phone and video
Book a No-Cost Phone Consult Flat fee from $350 for the incapacity documents, from $3,500 for a Medicaid application, from $6,000 for a Medicaid asset protection trust. See pricing

Quick Overview

Florida elder law protects an aging Delray Beach parent's home, savings, and independence, through qualifying for nursing-home Medicaid, keeping the homestead out of estate recovery, and the incapacity documents (from $350 per person) that head off a court guardianship. We handle it by phone and video for Palm Beach County families, wherever you are. Which pieces your parent needs is below.

Topics to Know HideShow

Below, we walk through the 4 issues that decide whether this is the right move for you. Jump to any one.

  1. Elder Law in Delray Beach: the Local Picture Delray Beach has the families elder law is built for, aging parents who want to stay in control and adult children helping, often from another state. We handle it by phone and video, wherever you are.
  2. Long-Term Care and Medicaid Skilled nursing runs several thousand dollars a month, and Medicare does not cover long-term care. Giving assets away to qualify usually backfires under the five-year look-back.
  3. Protecting the Home The homestead is generally exempt for Medicaid eligibility, but estate recovery can reach it after death. A lady bird deed keeps the home out of probate and beyond recovery.
  4. Avoiding a Guardianship If a parent loses capacity with no plan, the only route is a slow, public, costly court guardianship. A small set of documents signed while they are competent blocks it.

That’s the quick version. The details below are what decide your situation, and where the costly mistakes hide.

Elder Law in Delray Beach: the Local Picture

Delray Beach is an affluent, older coastal market in south Palm Beach County, with a heavy seasonal-resident and 55+ presence. An affluent coastal retiree base makes revocable trusts, homestead protection, and Medicaid and long-term-care planning the focus.

With a median age around 51, Delray Beach has the families elder law is built for, aging parents who want to stay in control, protect the home, and pay for care without losing everything, and adult children trying to help, often from another state. We handle all of it wherever you are.

Families here search for this under different names, whether a geriatric attorney, a senior care lawyer, an elder care planning attorney, or simply an attorney for the elderly, and it is all the same work, protecting an aging parent’s home, savings, and right to decide for themselves.

Long-Term Care and Medicaid

Skilled nursing in Florida commonly runs several thousand dollars a month and up, and Medicare doesn’t cover long-term custodial care. Nursing-home Medicaid can, but giving assets away to “qualify” usually backfires under the five-year look-back. There are legitimate ways to protect the home and savings, whether you’re planning ahead or already in a crisis. See Medicaid planning → · check eligibility →

Protecting the Home

The homestead is the family’s biggest asset and is generally exempt for Medicaid eligibility. The real risk is estate recovery after death. A lady bird deed keeps the home out of probate and beyond recovery while your parent keeps full control. See how the home is protected →

Avoiding a Guardianship

If a parent loses capacity with no plan, the family’s only route is a court guardianship, which is slow, public, and expensive. A durable power of attorney, a health-care surrogate, a living will, and a HIPAA authorization, signed while your parent is competent, are the documents that block it. The medical ones are what Florida law calls advance directives, and this whole step is the part of elder law people call incapacity planning. If you have been searching for a guardianship lawyer in Palm Beach County, start with the comparison, because most families need the document a parent can still sign, not a court case. Guardianship vs. power of attorney → · See the full elder-law guide →

Helping a Delray Beach parent from anywhere.

A No-Cost Phone Consult maps the care, the home, and the documents, by phone or video.

Book a no-cost consult

Handling a Parent’s Home and Papers in Delray Beach

Palm Beach County has 366,108 homesteads, and the Save Our Homes cap holds the average one $287,327 below its market value in 2026. 79,387 Palm Beach County parcels belong to an owner with a mailing address in another state, and 9,548 more to an owner abroad. An owner who lives elsewhere is the one a lady bird deed helps most, because a Florida house otherwise needs a second probate here. The Palm Beach County court opened 5,093 new probate cases in the 2024 to 2025 court year. A house that passes by lady bird deed stays out of that count.

Street map of Delray Beach around South County Courthouse (Clerk of the Circuit Court and Comptroller), with numbered markers for the places named below
  1. 1South County Courthouse (Clerk of the Circuit Court and Comptroller), 200 W. Atlantic Ave. Room 1S-124 Delray Beach, FL 33444. Directions
  2. 2South County Courthouse parking garage, SW 2nd Avenue, across from the South County Courthouse, Delray Beach, FL 33444 (a drive, not on the map). Directions
  3. 3Delray Beach Public Library, 100 W. Atlantic Ave. Delray Beach, FL 33444. Directions
  4. 4Starbucks, 205 E Atlantic Ave, Delray Beach, FL 33444. Directions
  5. 5Deck 84, 840 East Atlantic Avenue, Delray Beach, FL 33483. Directions
  6. 6Seacoast Bank, 50 NE 5th Ave, Delray Beach, FL 33483. Directions
  7. 7Delray Beach Health Center (Vital Statistics and notary), 225 South Congress Avenue, Delray Beach, FL 33445. Directions
  8. 8Property Appraiser South County Service Center, 14925 Cumberland Drive, Delray Beach, FL 33446 (a drive, not on the map). Directions
  9. 9Tax Collector Delray Beach / South County Service Center, 501 South Congress Avenue, Delray Beach, FL 33445 (a drive, not on the map). Directions
Who records your deed, and the Clerk’s counter on Atlantic Avenue

In Palm Beach County, deeds are recorded by the Recording Department of the Clerk of the Circuit Court and Comptroller, where Shannon Ramsey-Chessman serves as Clerk Ad Interim. Delray Beach has its own Clerk counter. The South County Courthouse at 200 West Atlantic Avenue, Room 1S-124, is open Monday through Friday from 8 a.m. to 4 p.m., answers its civil line at (561) 274-1588, and lists recording of documents and record searches among its services. Deeds are not on the short list of documents that only the Main Courthouse in West Palm Beach will take, so a deed can be recorded right here.

You will not need to stand in that line. We record your deed electronically through Simplifile, which is on the Clerk’s own list of eRecording vendors, so the signed deed never travels by mail. The Clerk’s eRecording page says electronic submission reduces the time gap for recording, and it also says plainly that a mailed original comes back to the sender without a recording stamp. The Clerk posts the recording fee as $10 for the first page and $8.50 for each page after, so a two-page deed costs $18.50 to record.

If a court date or a records question does bring you to the courthouse, the Clerk’s directions are to leave I-95 heading east on Atlantic Avenue. Parking is free in the garage across SW 2nd Avenue from the courthouse. The same building handles probate cases for the south end of the county.

After it records: find it, print it, and watch it

We send you the recorded deed as soon as the Clerk returns it. The deed also appears in the Clerk’s official records search, where you can look it up by your name and open the recorded image. Images there go back to January 1, 1968, so the deed you received when you bought your Delray Beach home is usually in the same place.

Uncertified, watermarked copies are free to view, save and print from the Clerk’s website. To print one on paper, the Delray Beach Public Library at 100 West Atlantic Avenue, one minute on foot from the courthouse, charges 15 cents a page for black and white and 50 cents for color on its public computers, which need a library card. The library’s second floor also has a scanning station, at 5 cents a page to a USB drive or email and 50 cents a page to send a fax. The library is open Monday through Wednesday from 9 a.m. to 8 p.m., Thursday through Saturday from 9 a.m. to 5 p.m., and Sunday afternoons from September to May, at (561) 266-0194.

If a bank or title company asks for a certified copy, the Clerk charges $1 a page plus $2 to certify it at the South County counter, or $8 per document for an electronically certified copy ordered online, which downloads right after purchase.

Then take two minutes to sign up for the Clerk’s free Property Fraud Alert. The Clerk emails you within 24 hours when a document is recorded that exactly matches the name, address or parcel number you registered. Because the match has to be exact, the Clerk asks you to register every variation of your name and address, each owner separately, and a trust as a business name ending in the word Trust.

Signing in Delray Beach, and a court day on Atlantic Avenue

A Florida deed needs two witnesses and a notary. We set up the signing for you by video, or you can sign in person. In Delray Beach, the Department of Health in Palm Beach County notarizes deeds for $10 at its Vital Statistics office in the Delray Beach Health Center, 225 South Congress Avenue, which added notary service in October 2025. The health center is about 29 minutes on foot from the courthouse, or a short drive west. Bring the complete, unsigned original and a government photo ID, along with your two witnesses.

If you are recording a deed yourself, the Clerk checks it against a posted list. Every deed notarized in Florida must show each witness’s name and address, the first page needs a blank three-inch square in the top right corner for the recording stamp, with a one-by-three-inch space on each page after, and a deed that affects real property needs a “prepared by” statement. A deed sent by mail needs a self-addressed stamped envelope, and payment by mail cannot be cash. When we draft your deed, those are handled.

For hot coffee before a morning hearing, the Starbucks at 205 East Atlantic Avenue is about 7 minutes on foot east of the courthouse, at 561-243-9332. For lunch by the water afterward, Deck 84 at 840 East Atlantic Avenue sits on the Intracoastal Waterway and serves lunch, about 15 minutes on foot, at 561-665-8484. If you bank there, the Seacoast Bank branch at 50 NE 5th Avenue is about 12 minutes on foot, which helps if a cashier’s check is needed.

The library next door is a piece of Delray history in its own right. The library’s own history records that members of the Ladies Improvement Association founded it in 1913 by each donating at least one book from their own shelves, for a first collection of 40 books, and that Henry Flagler sent $10 the next year. The 1928 Okeechobee hurricane flooded the library in its small room in the original Town Hall, and the present building at 100 West Atlantic Avenue opened in 2006.

Your homestead exemption, filed in Delray Beach

Homestead is handled by Dorothy Jacks, the Palm Beach County Property Appraiser, and one of the appraiser’s five service centers is in Delray Beach. The South County Service Center is at 14925 Cumberland Drive, Delray Beach, at 561.276.1250, open weekdays from 8:30 a.m. to 5 p.m. Exemption questions also go to 561.355.2866 or [email protected]. You can file online, at any service center, or by mail. You must qualify on January 1 and file by March 1, and the appraiser takes late applications in person at a branch until mid-September.

If your home is in a homeowner or condominium association, the appraiser’s community outreach program can bring its staff to the association to answer questions and help residents apply. The program is run from the South County Service Center by Margaux A. Robertson, at 561.894.7751 or [email protected].

Once you qualify, the exemption renews itself, and each December the appraiser mails a pink and white receipt card. The appraiser asks owners to call when ownership changes by sale, marriage, divorce or death, and its homestead page says Florida law requires a new application when you change the manner in which title is held on your existing homestead. Before we record, ask us whether your lady bird deed calls for one, and we will check it with the appraiser’s exemptions staff.

If your home is going into a trust instead of a lady bird deed, the appraiser does not want the trust agreement. The appraiser asks instead for a Certificate of Trust, sent to [email protected] or mailed to Exemption Services at 301 North Olive Avenue in West Palm Beach.

If you are a veteran with a disability rating

A disabled veteran may qualify for more than the basic homestead exemption, and the proof is a letter from the U.S. Department of Veterans Affairs. The Palm Beach County Property Appraiser lists a full exemption from property taxes on the homestead for a veteran with a service-connected total and permanent disability, proved with a VA benefits letter, and an additional $5,000 exemption for a service-connected disability of 10 percent or more. The appraiser verifies every VA letter with the local VA office before approving it.

The appraiser also lists a property tax discount, equal to the percentage of disability, for a combat-disabled veteran 65 or older, an exemption for service members deployed outside the continental United States, Alaska or Hawaii during the prior year, and exemptions that pass to the surviving spouse of a qualifying veteran. Each of these requires an honorable discharge and a homestead exemption already on the home. For help gathering the paperwork, the appraiser refers veterans to the Palm Beach County Veteran Services office at 561.355.4761.

If your name has changed since you bought the home

Marriage or divorce often leaves a home titled in a name you no longer use. We write the new deed with both names, the name on your old deed and your name today, so the record connects them and a future title search does not stall on the difference.

Your driver license should match as well, because the Property Appraiser asks for a Florida driver license when you file for homestead. In Palm Beach County, driver licenses are issued by Tax Collector Anne Gannon, and her office lists a name change as one of the updates that cannot be done online. The Delray Beach / South County Service Center at 501 South Congress Avenue, on the east side of Congress just south of West Atlantic Avenue, issues driver licenses weekdays from 8:15 a.m. to 5 p.m., by reservation only, and the Tax Collector answers at (561) 355-2264.

When the time comes: what your family does, without probate

After you die, the house is already your family’s. To show that in the record, they record a certified copy of your death certificate and an affidavit, and then a title company can insure a sale. Certified death certificates are issued in Delray Beach at the Department of Health’s Vital Statistics office in the Delray Beach Health Center, 225 South Congress Avenue, weekdays from 8 a.m. to 4:30 p.m. (closing at noon on the first Thursday of each month), for $15 a copy. The health center answers at 561-274-3100, and the office issues certificates for Florida deaths from 2009 on. We prepare and record the rest.

Local details checked September 29, 2026 on the offices' and businesses' own sites and Google Maps. Places are listed for convenience, not as a recommendation; call ahead, since hours change. Map data © OpenStreetMap contributors. County figures from the Florida Department of Revenue 2026 property roll and Data Book and the Florida courts' FY 2024 to 2025 Statistical Reference Guide. Sources: Palm Beach Clerk recording · Palm Beach Clerk South County Courthouse · Palm Beach Clerk locations · Palm Beach Clerk documents accepted at the Main Courthouse only · Palm Beach Clerk eRecording · Palm Beach Clerk recording fees · Palm Beach Clerk official records search · Palm Beach Clerk electronic certified copies · Palm Beach Clerk Property Fraud Alert · Palm Beach Clerk Ad Interim · Palm Beach County Property Appraiser offices · Palm Beach County Property Appraiser homestead · Palm Beach County Property Appraiser exemption FAQ · Palm Beach County Property Appraiser community outreach · Palm Beach County Property Appraiser veteran and military exemptions · Palm Beach County Tax Collector locations · Palm Beach County Tax Collector, Delray Beach / South County Service Center · Palm Beach County Tax Collector, renew, replace or update a driver license · Florida Department of Health in Palm Beach County, death certificates · Florida Department of Health, Delray Beach Health Center · Florida Department of Health in Palm Beach County, notary services · Delray Beach Public Library FAQs · Delray Beach Public Library contact and hours · Delray Beach Public Library history · Starbucks, 205 E. Atlantic Ave. · Deck 84 · FDIC BankFind, Seacoast Bank Delray branch

Communities We Serve

We work with families across Palm Beach County, including Downtown Delray, Lake Ida, Pineapple Grove, Seagate, Tropic Isle, Mizner Country Club, and beyond. Any deed in your plan records with the Palm Beach County Clerk of the Circuit Court and Comptroller. We are a Miami firm serving Delray Beach wherever you are; this is not a Delray Beach office.

Local Senior Resources in Delray Beach

You don’t have to do this alone, and not all of it is legal. For care navigation, Palm Beach County’s Area Agency on Aging is the Area Agency on Aging of Palm Beach/Treasure Coast. It runs Florida’s Elder Helpline (1-800-96-ELDER) and free SHINE Medicare counseling, your first call for a Medicaid screening, caregiver support, and local senior services. We handle the legal side, the Medicaid-qualifying plan, the deed, the powers of attorney, and coordinate with those resources so nothing falls through the cracks.

Frequently Asked Questions

Do you have an office in Delray Beach?

No. StepUpLaw is a Miami firm that serves Delray Beach and Palm Beach County families by phone and video. That works well for adult children handling a Florida parent’s Medicaid, deed, or incapacity plan from out of state.

Will Medicaid take my parent’s Delray Beach-area home?

The Florida homestead is generally protected for Medicaid eligibility, so it is not sold to qualify. The real risk is estate recovery after death, which runs against the probate estate. A lady bird deed keeps the home out of probate and beyond recovery.

What documents keep my parent out of guardianship?

A durable power of attorney, a designation of health-care surrogate, a living will, and a HIPAA authorization, signed while your parent is clearly competent. Florida courts must consider these less-restrictive alternatives before appointing a guardian.


Updated September 29, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. Attorney Kevin Klagge represents families, businesses, and international clients in estate and tax planning, business structuring, and international law, with a focus on Florida legal tools. He litigates estate and business issues in court. General information about Florida law, not legal advice, and no attorney-client relationship is created. We serve Delray Beach and Palm Beach County residents wherever they are. Medicaid figures change annually and eligibility turns on your specific facts.

Get a plan in place for your Delray Beach parent

Book a No-Cost Phone Consult with Attorney Kevin D. Klagge, Esq. We’ll map the care, the home, and the documents, and quote a flat fee.