Guardianship Information for Collier Circuit Court (Helpful Links Below)

A guardianship is a legal proceeding in the Circuit Court in which the guardian exercises the legal rights of an incapacitated person or a minor child. A guardian may be a person or an agency/institution appointed by the Court to make decisions for someone who is not able to make decisions about their own physical and/or financial well-being. A guardian advocate is someone appointed by the court for individuals who have developmental disabilities. Except for guardian advocates, guardians appointed by the Court must be represented by an attorney.

The types of guardianship case types are:

• Guardianship of Adult – Person, Property or Both
• Guardianship of Minor – Person, Property or Both
• Guardian Advocate
• Foreign Guardianship
• Conservatorship
• Veterans’ Guardianship
• Exploitation of Elderly

In order for an adult to have a guardian, the Court must find that the person is incapacitated and cannot take care of their physical and/or financial needs. A separate case must be filed with the Court to determine incapacity. Upon receipt of the new case, the Court will appoint an examining committee to evaluate the alleged incapacitated person’s capacity. The committee will report the results of their examinations to the Court and the Court will conduct a hearing on the matter. If the Court finds that the person is incapacitated, a guardian will be appointed.

Minor children also need guardians in certain circumstances. If the minor child’s parents are not available to take care of them due to death or disability, the Court may appoint a guardian to take care of the minor child’s needs. Often, this type of guardianship involves the child’s grandparents or other family members. Minors who receive inheritance and/or personal injury settlements also need a guardian (depending upon the amount of the inheritance or personal injury settlement) to ensure that the assets of the minor are kept safe until the minor turns eighteen (18).

If there are no family members available to serve as guardian for an adult or a child, the Public Guardian may be involved in the case. The Public Guardian serves as the person’s guardian until further order of the Court. There are also a number of people that serve as “Professional Guardians.” Professional Guardians may be hired by the family of the incapacitated person if desired, and the guardian’s fees will be paid by the ward. Being someone’s guardian is very time consuming. If you choose to be a guardian, understand that you will be required to keep detailed and accurate information, file annual reports, and attend court hearings.

The Guardianship Judge for Collier County is Judge Elizabeth V. Krier. The Guardianship Magistrate for Collier County is Magistrate Maria Dente. Visit their websites to learn more about procedures for their courtrooms, Zoom links, forms and contact information.

Below are some helpful Links: