Lee County guardianships are heard in the Twentieth Judicial Circuit, which also serves Charlotte, Collier, Glades and Hendry counties. Filings go to the Lee Clerk's probate and guardianship unit at the Justice Center in downtown Fort Myers, and the Clerk reviews guardians' reports. We meet Fort Myers clients by phone, video or at any of our offices.
Lee County draws retirees from across the country, and many of them keep ties to another state for years. That creates a particular set of elder law questions. Are documents signed in Ohio or New York good enough here? If a spouse becomes ill in Cape Coral, which court would handle a guardianship? Will the house keep its tax exemptions? This page answers those questions with the rules that apply in Lee County.
Communities we serve in Lee County
- Fort Myers
- Cape Coral
- Bonita Springs
- Estero
- Sanibel and Fort Myers Beach
- Lehigh Acres and North Fort Myers
Where Lee County guardianships are heard
Under s. 26.021, the Twentieth Judicial Circuit is made up of Charlotte, Collier, Glades, Hendry and Lee counties. A guardianship is filed in the county where the person lives, so a Lee resident's case is handled in Fort Myers even though the circuit is spread across five counties.
The Lee County Clerk's probate, guardianship and mental health unit is on the second floor of the Lee County Justice Center in downtown Fort Myers, and the Clerk lists a dedicated guardianship email address and a main line, 239-533-5000. According to the Clerk, guardians' reports receive an initial review by the Clerk and then go to a general magistrate and the judge. The circuit also maintains a Policies and Procedures Manual for Guardianship Cases in Lee County, which sets out local expectations for filings and hearings. We work from its current version.
How a guardianship moves forward
- Petition. A family member, through a Florida attorney, files a petition to determine incapacity and a petition to appoint a guardian.
- Protection for the person. The court appoints an attorney for the person alleged to be incapacitated and an examining committee of three, each of whom reports within 15 days.
- Alternatives first. The court must consider whether a power of attorney, health care surrogate or other arrangement already addresses the problem before it appoints anyone.
- Screening. A nonprofessional guardian generally completes a credit check and a level 2 background screening before appointment (s. 744.3135).
- Education and reports. The guardian completes 8 hours of approved instruction within 4 months (s. 744.3145), files an initial report within 60 days of letters, and then files annual reports.
Oversight by the Clerk
The Lee Clerk's Inspector General runs an Enhanced Guardianship Audit and Investigation program, with tiers of review depending on the case, and a hotline for reporting concerns about a guardian. The Clerk's self help center also posts guardianship how to videos and has annual plan and simplified accounting forms in its forms library. Those resources help, but they do not replace legal advice, and the Clerk cannot tell a family what to file.
Planning that keeps a family out of court
- A durable power of attorney, signed before two witnesses and a notary.
- A health care surrogate designation and a living will, each before two adult witnesses, at least one of whom is not a spouse or blood relative.
- A preneed guardian declaration under s. 744.3045, naming who you would want if a guardian is ever needed, which can be filed with the Clerk.
- A revocable living trust, so a successor trustee can manage trust assets without a court case.
Long term care and Medicaid
Lee County residents apply for Medicaid the same way as everyone in Florida: through the Department of Children and Families' ACCESS system at myaccess.myflfamilies.com, or with the DCF call center at (850) 300-4323. For nursing home or community long term care, the applicant checks HCBS/Waivers or Nursing Home on the Benefit Information screen. DCF looks at asset transfers made within the 60 months before the application month for the Institutional Care Program, and DCF notes that its income standards generally change in January and April.
The Area Agency on Aging for Southwest Florida, based in Fort Myers, serves Lee County and can connect families with services and caregiver support, (239) 652-6900. The statewide Elder Helpline is 1-800-963-5337. Medicaid rules depend on the person and change over time, and we do not promise eligibility. What we can do is explain how the rules apply before anything is transferred.
Senior property tax exemptions in Lee County
The Lee County Property Appraiser lists additional exemptions for owners 65 and older under s. 196.075, where household income is under the yearly limit, $38,686 for 2026 according to the Department of Revenue:
| Taxing authority | Amount listed |
|---|---|
| Cape Coral | $50,000 |
| Fort Myers, Bonita Springs, Sanibel | $25,000 |
| Fort Myers Beach, Estero and Lee County millages | $50,000, with the long term resident version also listed |
The long term resident version is for owners who have lived in a home with a just value under $250,000 for at least 25 years. The appraiser's deadline is March 1, with income information due by June 1. It also lists $5,000 exemptions for widows and widowers, blind owners and people with disabilities, and explains portability for owners who move within Florida. Our Florida homestead planning page covers how a homestead is protected and inherited.
How we work with Lee County clients
We do not have an office in Lee County. Fort Myers clients meet with an attorney by phone or video, which also lets family members in other states take part, and you are welcome at any of our offices. Your first consultation is free. Because the firm limits its caseload, you work directly with an attorney. See our Fort Myers estate planning and Fort Myers probate pages for the rest of the local process, and our Florida elder law page for the statewide picture. Contact us to begin.
More help in Lee County
We also help Lee County clients with:
