What Guardianship Looks Like Locally in Vero Beach, Fort Pierce, and Stuart

Nancy's Situation: One Mother, Two Counties, One Court System

Nancy, 61, lives in Vero Beach. Her mother, who is showing signs of significant memory loss and can no longer manage her finances safely, also lives in Indian River County. Nancy's brother lives an hour south in Stuart. Nancy is trying to figure out where a guardianship case for her mother would even be filed, and whether her brother's location in a different county complicates anything. (Nancy is a composite drawn from situations I see often in my practice, not an actual client.)

The good news for Nancy is that the answer is simpler than she expects. Guardianship cases in Florida are filed in the county where the alleged incapacitated person resides, not where family members live. Because Nancy's mother resides in Indian River County, that is where the petition to determine incapacity would be filed and heard, regardless of the fact that Nancy's brother is in Martin County and may eventually be asked to serve as co-guardian or simply to consent to the proceeding.

The Nineteenth Judicial Circuit: One Circuit, Four Counties

Indian River, St. Lucie, and Martin Counties, along with Okeechobee County, make up Florida's Nineteenth Judicial Circuit. Guardianship matters fall within each county's Probate Division, which also handles estates, wills, and trust disputes. The underlying law is identical across the circuit: Chapter 744, Florida Statutes, governs every guardianship case whether it is filed in Vero Beach, Fort Pierce, or Stuart.

What differs from courthouse to courthouse is procedure, not substance. Each circuit judge assigned to probate and guardianship matters may have individual preferences about proposed orders, hearing scheduling, or local forms. I always tell families that the statute is the same everywhere in Florida, but the practical experience of moving a case through the system, including how quickly a hearing gets set or how a particular judge wants pleadings formatted, can vary meaningfully by county and even by judge within the same courthouse.

Filing in Indian River County: Nancy's Starting Point

Because Nancy's mother lives in Indian River County, Nancy's case begins there. The Indian River County Clerk of the Circuit Court handles guardianship filings through its Civil Division, alongside other incapacity petitions and protective proceedings. Once Nancy's attorney files the petition to determine incapacity, the court appoints a three-member examining committee, typically including a physician and other qualified professionals, to evaluate Nancy's mother and report back to the judge. Nancy's mother has the right to be represented by an attorney throughout this process, and the court will appoint one for her if she cannot afford counsel.

Indian River County's clerk's office also maintains a guardianship fraud reporting line, reflecting the ongoing court oversight that continues long after a guardian is appointed. That oversight is not unique to Indian River County. It exists because Chapter 744 requires every guardian, family member or professional, to file an initial guardianship plan and inventory, followed by annual reports to the court for as long as the guardianship continues.

What Changes if the Case Were in Fort Pierce or Stuart Instead

If Nancy's mother lived in St. Lucie County instead, the petition would go through that county's guardianship department, housed at the Fort Pierce courthouse, rather than Indian River's Civil Division. If she lived in Martin County near her son, the case would be filed and heard in Stuart. In every scenario, the legal standard for incapacity, the requirement for an examining committee, the right to a hearing, and the court's obligation to consider less restrictive alternatives before appointing a guardian stay exactly the same. Only the courthouse, the clerk's staff, and the assigned judge change.

This matters for Nancy's brother in Stuart. He does not need to file a separate case in Martin County simply because he lives there. If he wants to serve as co-guardian alongside Nancy, or as sole guardian, he participates in the Indian River County case where their mother resides. Florida law does allow a nonresident to serve as guardian, but only if that person is related to the ward within degrees the statute specifies, such as a spouse, parent, child, sibling, or certain other close relatives. Nancy's brother, as her mother's son, would generally qualify on that basis.

Training, Examining Committees, and When to Bring in a Local Attorney

Any family member appointed as guardian in Florida, whether the case is in Vero Beach, Fort Pierce, or Stuart, must complete a court-approved guardianship training course before receiving full authority. Professional guardians, by contrast, must be registered with the Office of Public and Professional Guardians and follow separate registration and reporting standards. Nancy, planning to serve as her mother's guardian herself, would need to complete this training as part of the process, in addition to filing the initial plan and inventory once appointed.

Examining committee appointments are handled locally, meaning the three professionals evaluating Nancy's mother would likely practice in or near Indian River County. Local familiarity matters here. An attorney who regularly appears before the Nineteenth Circuit's probate judges in Indian River County will typically know which examining committee members are available, how quickly hearings tend to get scheduled, and what a particular judge expects in a proposed order. That local knowledge does not change the underlying law, but it often changes how smoothly and quickly a case moves.

Sources

• St. Lucie County Clerk of the Circuit Court, "Guardianship," stlucieclerk.gov, March 17, 2026
• Indian River Clerk of the Circuit Court, "Probate and Guardianship," indianriverclerk.com
• Indian River Clerk of the Circuit Court, "Civil," clerk.indian-river.org
• Nineteenth Judicial Circuit, "Probate & Guardianship Division," circuit19.org
• Florida Courts, Nineteenth Judicial Circuit Judicial Assignments Order 2014-09, flcourts.gov
• Peshke Law, "Guardianship Advocacy vs. Guardianship," peshkelaw.com, July 10, 2026
• Collins Brown Barkett, Chartered, "Guardianship Law," verolaw.com, June 30, 2025
• Lulich Attorneys, "Vero Beach Guardianship Lawyer," lulich.com, March 16, 2026

This article is for general informational purposes only and does not constitute legal advice, nor does reading it create an attorney-client relationship. Florida estate, elder, probate, and real estate law are fact-specific and change over time. Consult a licensed Florida attorney about your individual circumstances. Arthur Simpson, Esq. is licensed to practice law in the State of Florida. Attorney advertising.