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Elder Law Attorney for Naples, Florida

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

Nursing-home Medicaid, protecting the home, and the incapacity documents that avoid guardianship, for Collier 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 Naples 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 Collier 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 Naples: the Local Picture Naples 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 Naples: the Local Picture

Naples skews heavily retiree, with a median age around 67 and a U.S. News No. 1 Best Place to Retire ranking for 2025. An older, affluent retiree city (median age about 67) with a $1.5M-plus median home value, a premier market for elder law, Medicaid, and high-value homestead planning.

With a median age around 67, Naples 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 Collier 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 Naples 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 Naples

Collier County has 108,425 homesteads, and the Save Our Homes cap holds the average one $260,032 below its market value in 2026. 66,282 Collier County parcels belong to an owner with a mailing address in another state, and 6,351 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 Collier County court opened 1,702 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 Naples around Collier Clerk Recording Department, Courthouse Annex, with numbered markers for the places named below
  1. 1Collier Clerk Recording Department, Courthouse Annex, 3315 Tamiami Trail East, Suite 102, Naples, FL. Directions
  2. 2Free parking garage, south side of the courthouse, 3315 Tamiami Trail East, Naples, FL. Directions
  3. 3Collier Museum at Government Center, 3331 Tamiami Trail East, Naples, FL 34112. Directions
  4. 4Department of Health in Collier County, main office, 3339 Tamiami Trail East, Naples, FL. Directions
  5. 5Pak Mail of Naples, 3823 Tamiami Trail East, Naples, FL. Directions
  6. 6Publix at Naples Towne Centre, 3815 Tamiami Trail East, Naples, FL. Directions
  7. 7Fifth Third Bank, Gulfgate Plaza, 2898 Tamiami Trail East, Naples, FL. Directions
  8. 8Wolfmoon, 1780 Commercial Drive, Naples, FL. Directions
  9. 9Downtown Naples Post Office, 860 6th Avenue South, Naples, FL (a drive, not on the map). Directions
  10. 10Sugden Regional Park, 4284 Avalon Drive, Naples, FL. Directions
  11. 11Collier County Property Appraiser, 3950 Radio Road, Naples, FL (a drive, not on the map). Directions
  12. 12Collier County Veteran Services, 2671 Airport Road S, Court Plaza, Suite 202, Naples, FL 34112. Directions
  13. 13Collier County Tax Collector, main driver license office, 725 Airport Road South, Naples, FL. Directions
Who records your deed in Collier County, and where the office is

In Collier County, deeds are recorded by the Recording Department of the Clerk of the Circuit Court and Comptroller, Crystal K. Kinzel. The main office is in East Naples, in the Courthouse Annex at the Collier County Government Center, 3315 Tamiami Trail East, Suite 102, on the second floor. The Government Center is a campus on the Tamiami Trail that also holds the courthouse, so recording, court filings and the county offices sit together. The Clerk’s offices there are open 8 a.m. to 5 p.m., Monday through Friday. The Recording Department answers at (239) 252-2646, and recording questions go to [email protected].

You will not need to go there. We record your deed electronically through Simplifile, which the Clerk lists on its own page as an e-recording partner, so the signed deed never has to travel by mail. 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. The Clerk also says plainly that mailed and electronic documents are processed as time permits, and that a time-sensitive document is recorded while you wait only when it is presented in person at this main office on Tamiami Trail East.

If you do go in person, the circuit court’s own location page says parking is free in the garage on the south side of the courthouse. The same page lists firearms, knives, tools, pepper spray and liquids among the items not allowed in the courthouse, and Court Security answers questions at (239) 252-2222.

After it records: find it, get a copy, 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 or by instrument number and open the recorded image. The Clerk says a plain copy can be printed from the website on any printer at home.

If you would rather have a copy printed for you, Pak Mail of Naples at 3823 Tamiami Trail East offers printing services, about 15 minutes on foot from the Government Center. The store is open Monday through Thursday from 9 a.m. to 7 p.m., Friday until 6:30 p.m., and Sunday from 10 a.m. to 4 p.m., and answers at (239) 529-2729.

If a bank or title company asks for a certified copy, the Clerk charges $1 a page for the copy and $2 for the certification, and the Recording Department at the Government Center issues it.

Then take two minutes to sign up for the Clerk’s free Risk Alert service. The Clerk sends you an email whenever a deed, lien, mortgage or other record matching your name or property is recorded in Collier County. The alert does not stop a fraudulent filing, but it gives you the chance to check whether you signed what was recorded. The Clerk asks anyone who suspects fraud to call the Collier County Sheriff’s Office at 239-252-9300.

Signing in Naples, or from anywhere

A Florida deed needs two witnesses and a notary. We set up the signing for you by video, or you can sign in person. Pak Mail of Naples, the same store at 3823 Tamiami Trail East, says on its own page that it offers a commissioned Notary Public and notarizes documents while you wait. Call ahead so a notary is on duty when you arrive.

The Collier Clerk posts its own recording rules. A document about real property must be notarized, a document mailed in needs a prepaid, self-addressed envelope for its return, and nothing on the page should be highlighted, because color scans as black in the official image. When we draft and e-record your deed, those details are handled.

The Government Center sits on a busy stretch of the Tamiami Trail rather than a downtown block, so plan the day around a few nearby stops. The Fifth Third Bank Gulfgate Plaza branch at 2898 Tamiami Trail East is about 9 minutes on foot to the northwest, which is useful if you bank there and need a cashier’s check. Heading the other way, Publix at Naples Towne Centre, 3815 Tamiami Trail East, is open every day from 7 a.m. to 10 p.m. for groceries or a quick lunch, about 16 minutes on foot and a few doors from Pak Mail. Wolfmoon, an independent bakery at 1780 Commercial Drive that makes fresh croissants and specialty coffee, opens daily from 8 a.m. to 3 p.m., about 25 minutes on foot or a short drive.

On the same Government Center campus, about 9 minutes on foot from the Clerk, the Collier Museum at Government Center at 3331 Tamiami Trail East sits on five acres of native Florida landscaping. The museum’s galleries run from the prehistoric mastodon hunters and the Calusa civilization that flourished here to the early settlers who arrived on this watery frontier a century ago, and it is open Tuesday to Saturday from 9 a.m. to 4 p.m.

The nearest post office counter is a drive away. The Downtown Naples Post Office at 860 6th Avenue South is open weekdays from 8:30 a.m. to 5 p.m., at (239) 262-3351. For a quiet hour after, Sugden Regional Park at 4284 Avalon Drive looks out over Lake Avalon, with one of Collier County’s only freshwater beaches, and is open daily from 8 a.m. to sunset, about 31 minutes on foot or a few minutes by car.

Your homestead exemption in Collier County

Homestead is handled by Vickie A. Downs, the Collier County Property Appraiser. The main office is at 3950 Radio Road in Naples, open weekdays from 8 a.m. to 5 p.m., at (239) 252-8141. The office also takes applications at 4715 Golden Gate Parkway, 2335 Orange Blossom Drive and 15450 Collier Boulevard, and says it opens additional locations during homestead season in January and February.

Collier works differently from many counties. The Property Appraiser requires every homestead application to be made in person at one of its offices, so there is no online filing. You must own the home and make it your permanent residence on January 1, and the application is due by March 1. Prefiled applications are accepted any time after March 1 for the next year, which spares you the lines in February. Bring your recorded deed or tax bill, a Florida driver license and vehicle registration, your Collier voter registration if you vote, and Social Security numbers for you and your spouse.

If your home is held in a trust, the Property Appraiser asks for a complete copy of the trust agreement when you apply. A lady bird deed keeps the title in your own name, so the deed itself is what you bring.

If you are a veteran with a disability rating

A disabled veteran may qualify for more than the basic homestead exemption, and the proof comes from the U.S. Department of Veterans Affairs. Florida law, as the Department of Revenue summarizes it, gives a $5,000 reduction in assessed value to an honorably discharged veteran who is disabled 10 percent or more, a full exemption from property taxes on the homestead for a veteran with a service-connected total and permanent disability, and a discount equal to the disability rating for a qualifying veteran 65 or older. Surviving spouses can keep some of these, and a veteran may apply before the VA paperwork arrives, with the exemption dating back to the original application once it does. The application goes to the Collier County Property Appraiser.

Collier County Veteran Services helps with the VA side of this. The office is at 2671 Airport Road S, Court Plaza, Suite 202, a short drive north of the Government Center, open weekdays from 8 a.m. to 5 p.m., at (239) 252-8387 or (239) 252-2870, and by email at [email protected].

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 with every homestead application. The Florida Department of Highway Safety and Motor Vehicles requires every name change on a license to be made in person, and only after the Social Security Administration has updated your name, allowing 24 to 48 hours after that. In Collier County the Tax Collector runs the driver license offices, and full driver license service is at the main office, 725 Airport Road South, open weekdays from 8 a.m. to 5 p.m., at 239-252-8171. The Tax Collector adds a $6.25 service fee to each transaction.

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. The Florida Department of Health in Collier County issues certified death certificates at its main office, 3339 Tamiami Trail East, about 3 minutes on foot from the Clerk’s recording office, weekdays from 8 a.m. to 5 p.m. The first certificate is $12 and each additional copy ordered at the same time is $10. Vital Statistics answers at 239-252-8205. The office issues certificates for Florida deaths from 2009 on, every request needs a photo ID, and the cause of death is released only to family or a legal representative. 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: Collier Clerk recording information · Collier Clerk e-recording partners · Collier Clerk recording fees · Collier Clerk office locations and hours · Collier Clerk contact directory · Collier Clerk instructions to search official records · Collier Clerk Risk Alert notifications · Twentieth Judicial Circuit, Collier County courthouse location and parking · Collier County Property Appraiser, Homestead Exemption · Collier County Property Appraiser, homestead brochure · Florida Department of Health in Collier County, death certificates · Florida Department of Health in Collier County, main office · Pak Mail of Naples, store hours · Pak Mail of Naples, notary services · Publix at Naples Towne Centre · Wolfmoon · Sugden Regional Park, Collier County Parks and Recreation · FDIC BankFind, Naples 34112 branches · USPS Post Office locator · OpenStreetMap walking routes · Collier Museum at Government Center · Collier County Veteran Services · Florida Department of Revenue, Property Tax Benefits for Active Duty Military and Veterans (PT-109) · Collier County Tax Collector, driver license · FLHSMV Collier County office locations · FLHSMV name and address changes

Communities We Serve

We work with families across Collier County, including Port Royal, Old Naples, Aqualane Shores, Pelican Bay, Park Shore, Moorings, Marco Island, and beyond. Any deed in your plan records with the Collier County Clerk of the Circuit Court and Comptroller. We are a Miami firm serving Naples wherever you are; this is not a Naples office.

Local Senior Resources in Naples

You don’t have to do this alone, and not all of it is legal. For care navigation, Collier County’s Area Agency on Aging is the Area Agency on Aging for Southwest Florida. 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 Naples?

No. StepUpLaw is a Miami firm that serves Naples and Collier 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 Naples-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 Naples and Collier County residents wherever they are. Medicaid figures change annually and eligibility turns on your specific facts.

Get a plan in place for your Naples 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.