Melbourne Elder Law Attorney

Brevard County is where our Space Coast office sits, and elder law is a large part of what families here ask us about. Many Brevard residents retired after careers tied to the space program, the military or the hospitals along the coast, and many now want to make sure a spouse or child can step in smoothly if their health changes. This page explains how guardianship works in Brevard, what the Clerk publishes for family guardians, and the local property tax exemptions for older homeowners.

Communities we serve in Brevard County

• Melbourne and West Melbourne
• Palm Bay
• Indian Harbour Beach, Satellite Beach and Melbourne Beach
• Viera and Rockledge
• Cocoa, Cocoa Beach and Merritt Island
• Titusville

Where Brevard guardianship cases are handled

Under s. 26.021, the Eighteenth Judicial Circuit is made up of Brevard and Seminole counties. Brevard's main courthouse is the Moore Justice Center, 2825 Judge Fran Jamieson Way in Viera, and the circuit also holds court in Melbourne and Titusville. Guardianship filings go to the Brevard Clerk's Probate and Guardianship department, which can be reached through the Clerk's main line at (321) 637-5413. The Clerk notes that it cannot give legal or procedural advice, which is one reason families work with an attorney.

The Clerk keeps public offices in Viera, Titusville, Melbourne, Merritt Island and Palm Bay, open weekdays from 8:00 a.m. to 5:00 p.m., so a family in south Brevard does not always need to drive to Viera to drop off paperwork. Remember too that the circuit is shared with Seminole County. If your parent lives in Sanford or Lake Mary rather than on the Space Coast, the guardianship belongs in Seminole County, with its own clerk and file, even though the same circuit oversees both.

Brevard's guardianship administrative orders

The Clerk's probate page lists the circuit's administrative orders that apply to Brevard guardianships, including:

The circuit appears to have replaced its fingerprinting order in 2025 with AO 25-28, which covers electronic fingerprinting of nonprofessional proposed guardians at application. We check the order in force when we file. The separate case rule is worth noting for couples: if both spouses need a guardian, each generally has a separate case.

What the Brevard Clerk provides to guardians

• A Guardianship of Property Handbook.
• Annual accounting forms, parts I and II, with completed examples.
• A verified inventory form.
• A Guardianship Reports Due Date Calculator.
• Interactive web forms, which are not saved after the session ends, so print or download them as you go.

Under the statewide rules, a nonprofessional guardian completes a credit check and level 2 background screening before appointment (s. 744.3135), finishes 8 hours of approved instruction within 4 months (s. 744.3145), and files an initial report within 60 days of letters, followed by annual reports.

Planning documents for Brevard families

1. A durable power of attorney, signed before two witnesses and a notary, with any trust powers separately initialed.
2. A health care surrogate designation, signed before two adult witnesses.
3. A living will, also before two adult witnesses, at least one of whom is not a spouse or blood relative.
4. A preneed guardian declaration, signed before two witnesses and, if you choose, filed with the Clerk in advance.

Long term care and Medicaid

Medicaid eligibility is decided statewide by the Department of Children and Families. Brevard applicants use ACCESS Florida at myaccess.myflfamilies.com, checking HCBS/Waivers or Nursing Home on the Benefit Information screen, or call (850) 300-4323. A level of care decision comes through the Department of Elder Affairs CARES process, and DCF reviews asset transfers made in the 60 months before the application month for the Institutional Care Program. Rules change and depend on the person, and we do not promise eligibility. Brevard is served by the Senior Resource Alliance, the Area Agency on Aging for Brevard, Orange, Osceola and Seminole counties, whose Elder Helpline number for Brevard is (407) 514-0019.

Senior exemptions at the Brevard County Property Appraiser

The Brevard County Property Appraiser states that Brevard County has adopted the limited income senior exemption under s. 196.075, and that twelve cities also offer one of up to $25,000, including Melbourne, West Melbourne, Melbourne Beach, Indian Harbour Beach, Satellite Beach, Cocoa, Cocoa Beach, Cape Canaveral, Titusville and Malabar. Its 2026 application sets these rules:

• You must be 65 by January 1 and already have the homestead exemption.
• Household adjusted gross income received in 2025 may not exceed $38,686.
• The application is due March 1, and missing it waives the exemption for that year.
• Income documents, including the 2025 federal return and all 1099s, are due by May 1, 2026.

The appraiser also lists exemptions for widows and widowers, certain disabilities, disabled veterans and surviving spouses, and has offices in Titusville, Viera, Melbourne and Palm Bay. Our Florida homestead planning page explains how the home itself is protected and inherited.

How we work with Brevard County clients

You can meet with an attorney at our Indian Harbour Beach office at 1790 Jimmy Buffett Memorial Hwy., Suite 209, Indian Harbour Beach, FL 32937, or by phone or video if a parent cannot travel. Your first consultation is free, and because the firm limits its caseload, you work directly with an attorney. For the rest of the local picture, see our Brevard estate planning and Brevard probate pages, or the Florida elder law overview. Contact us to set up a meeting.