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Lance Martin McKinney

Guardianship Attorney at Fort Myers, FL

5.0   4 reviews
  • Licensed for 32 years
    State FL
    Acquired 1991
    Member in Good Standing No misconduct found

We have not found any instances of professional misconduct for this lawyer.

About Lance

Learn Lance’s areas of practice.

Practice areas
  1. Guardianship
    I have represented both the alleged incapacitated and more commonly the person interested in protecting the incapacitated person. I represent both family and professional guardians. In addition I have represented family in "Baker Act and Marchman act" cases which involve involuntary placement for mental health and substance abuse.

    33 years, 400 cases

  2. Litigation
    Will contests, trust disputes and other fiduciary violations are litigation areas. Commercial litigation and representation of Pest Control businesses is a second area.

    33 years, 100 cases

  3. Trusts
    Both estate planning and special needs trusts to plan for persons with disabilities or the elderly and the impact on public benefits.

    33 years, 200 cases

  4. Elder law
    Elder law is a blanket term used to describe the coordinated approach when considering planning for a client's independence and control over their health and financial circumstances presently and in the future. It includes other practice areas like estate planning, guardianship, probate, public benefits (medicaid, medicare, social security and veteran benefits) It includes preparing will, trusts and advance directives.

    33 years, 400 cases

  5. Probate
    Probate covers both the formal court process to transfer a deceased's assets and advice on trust administration. It includes working with beneficiary accounts like "pay on death" or other designations.

    33 years, 150 cases

  6. Estate planning
    Estate planning involves wills, trusts and other tools to transfer property both prior to and after death.

    33 years, 300 cases

  7. Wills and living wills
    Wills and Living wills is a part of "estate planning" and "elder law" categories. These issues are part of many other practice areas.

    33 years, 300 cases

  8. Power of attorney
    This is a part of elder law and estate planning. The percentage break out overlaps with many of the other fields.

    33 years, 300 cases

I was born and raised in Florida.  I find great reward in spending time with family and enjoying the world and beauty God has created.  Outdoor pursuits like hiking, camping and fishing are good ways to enjoy both family and the outdoors for me. 


My profession has taught me that those with disabilities and their caregivers provide lessons in love, patience and duty that each of us need to recognize and practice. 


Osterhout & McKinney, PA
3783 Seago Ln
Fort Myers, FL, 339018113
Osterhout & McKinney, PA
999 Vanderbilt Beach Rd. Suite 200
Naples, FL, 34108
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5.0 / 5.0
  4 customer reviews
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1 Star
Posted by Faith | December 30, 2021
This review is from a person who hired this attorney.
| Hired Attorney
Hired and Consulted with Lance McKinney Several Times
Attorney Lance McKinney is very knowledgeable and was recommended to me by a community member who is on many boards and committees related to my case. He has a broad knowledge about guardianship, trusts, pros and cons, and is very friendly and has a big heart.
Posted by Judy | April 23, 2020
This review is from a person who hired this attorney.
| Hired Attorney
Excellent experience
Lance put me at ease about what I needed to do to bring my documents up to date for Florida purposes. He answered my questions and explained (more than once) the purposes of the documents that were necessary. He was so patient -- made preparation less stressful. And Chantel, his paralegal, was so helpful also. A great experience!
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Posted by Robert | October 30, 2019
This review is from a person who hired this attorney.
| Hired Attorney
Estate Planning
We hired Atty. McKinney to prepare a simple estate plan for my wife and myself, primarily wills for us both and the ancillary documents that typically are included in such a document set. We thought initially that the fee was a bit high, but in retrospect, we were well served by the thoroughness of what was included. We have no regrets.
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Posted by anonymous | March 10, 2009
Ed Gill
Lance McKinney is the best attorney that I have ever had the privilege of working with. He exhibited professionalism that went over and above any and all expectations that I had. His knowledge of the guardianship laws and procedures made a journey, while very difficult and emotional, move more swiftly and smoothly than I believed possible. His ability to create a sense of calm, made the transition for my grandmother seem almost effortless. During the guardianship process I was required to interact with other attorneys that had respect equal to my own for his effectiveness in the field. There is no doubt that I will continue to use and overwhelmingly recommend Lance McKinney to anyone that is in need of an elder law attorney.
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  • Hourly Rates $ 400-400 per hour
  • Contingency 25%-40%
Payment methods
Cash, Check, Credit Card


AVVO RATING 10.0 (Superb)

Work Experience

  • Managing Partner
  • Osterhout & McKinney, PA
  • 1998 - Present
  • Attorney
  • Pavese, Haverfield, Dalton, Harrison & Jensen LLP
  • 1993 - 1998
  • Attorney
  • Law office of Lance McKinney
  • 1991 - 1993


  • University of Florida, Fredric G. Levin College of Law
  • Juris Doctor with Honors
  • 1990
  • Stetson University
  • BS - Bachelor of Science
  • 1986

Sample of Legal Cases

  • McKinney v Rawl
  • Appeal granted and reversed trial court
  • Spouse of John Doe v State of Florida
  • Reversed a denial of benefits from Medicaid.


  • Special Needs Alliance
  • Member
  • 2006 - Present
  • National Academy of Elder Law Attorneys
  • Member
  • 2004 - Present
  • Academy of Florida Elder Law Attorneys
  • Member
  • 2004 - Present
  • Florida State Guardianship Association (Southwest Florida chapter)
  • member
  • 2000 - Present
  • Lee County Bar Association
  • Member
  • 1994 - Present
  • Florida Bar
  • Member
  • 1991 - Present
  • Life Care Planning Law Firms Association
  • Member
  • 2007 - 2013
  • NAMI Lee County, Inc
  • Director and President
  • 2007 - 2012
View all associations

Honors and Awards

  • Super Lawyer
  • SuperLawyers
  • 2018
  • Super Lawyer
  • SuperLawyers
  • 2017
  • Super Lawyer
  • Super Lawyers
  • 2016
  • Super Lawyer
  • Super Lawyers
  • 2015
  • Super Lawyer
  • Super Lawyers
  • 2014
  • Accretidation
  • Veterans Administration
  • 2009
  • Certified Elder Law attorney
  • Florida Bar
  • 2005
  • BV Rating
  • Martindale-Hubbell
  • 2004
View all awards


  • Florida Guardianship Practice (Florida Bar CLE)
  • Chapter 18 Guardians Ad Litem and Court Monitors (10th Ed)
  • 2018
  • Florida Guardianship Practice (Florida Bar CLE)
  • Chapter 17 Special Property Problems of Guardianships (10th Ed)
  • 2018
  • Florida Guardianship Practice (Florida Bar CLE)
  • Chapter 18 Guardians Ad Litem and Court Monitors (9th Ed)
  • 2016
  • Florida Guardianship Practice (Florida Bar CLE)
  • Chapter 17 Special Property Problems of Guardianships (9th Ed)
  • 2016
  • Journal of Geriatric Care Management
  • So the Neighbors are Nosy and the Friends are Pushy, What Does That Mean for the Geriatric Care Manager?
  • 2013
  • Flordia Guardianship Practice 8th ed.
  • Chapter 18 Guardians ad litem and Court Monitors
  • 2013
  • Florida Guardianship Practice (Florida Bar CLE) 7th ed.
  • Chapter 18 Guardians ad litem and Court Monitors
  • 2011
  • Naela Guardianship Newsletter
  • Psychiatric Advance Directives
  • 2009
  • Florida Guardianship Practice (Florida Bar CLE) 6th ed.
  • Chapter 18 Guardians ad litem and Court Monitors
  • 2008
  • Exceptional Parent
  • Moving a special needs trust between states
  • 2007
View all publications

Speaking Engagements

  • Guardianship Monthly Luncheon Seminars
  • Various topics - check website for schedule
  • 2009

Attorney endorsements

Received (9)
Given (13)
Endorse Lance
Guardianship Attorney | Jul 11
Relationship: Worked together on matter
"I have worked with Mr. McKinney and his office on several occasions. He has always been professional, competent and a pleasure to work with on guardianship matters. I recommend his services."
Unknown Attorney | Feb 06
Relationship: Fellow lawyer in community
"Lance McKinney is very experienced and capable in guardianship and probate matters. He has a great knowledge base and has always been kind enough to assist me with probate questions. I highly recommend him."
Estate planning Attorney | Jan 15
Relationship: Opposing Counsel on matter
"I endorse this lawyer. Lance is smart and tenacious, yet always collaborates in trying to resolve disputes. He is diligent and a people person. I consider him to be a valued colleague."
Unknown Attorney | Jun 06
Relationship: Fellow lawyer in community
"I endorse this lawyer."
Elder law Attorney | Oct 17
Relationship: Fellow lawyer in community
"I endorse this lawyer. Every client or former client of Mr. McKinney's that I have talked with is highly satisfied, without exception. He holds a stellar reputation among his attorney-colleagues, as well. His pleadings are impeccable and his knowledge of the law is unsurpassed. I recommend Mr. McKinney and his firm for all elder law issues."
Trusts Attorney | Sep 02
Relationship: Fellow lawyer in community
"Lance McKinney is one of the leading special needs trust lawyers in the country. He is recognized as an authority by fellow members of the Special Needs Alliance, the leading national organization for special needs practitioners."
Guardianship Attorney | Mar 17
Relationship: Co-worker
"I endorse this lawyer's work. I've worked for Lance McKinney for more than 5 years. He's extremely knowledgeable in the elder law area and in particular, handling complex guardianship matters. Clients and professionals enjoy working with him and other attorneys often call him for gudiance."
Elder law Attorney | Mar 12
Relationship: Fellow lawyer in community
"I endorse this lawyer's work. Lance is considered the local expert on Medicaid planning and complicated guardianships."
Guardianship Attorney | Mar 10
Relationship: Opposing Counsel on matter
"I have worked with Lance in many guardianship cases. He is knowledgeable in the law, and treats his clients fairly and respectfully."
View more endorsements
Fort Myers Guardianship Lawyer Lance Martin McKinney
Lance Martin McKinney
Guardianship Attorney
Fort Myers, FL
Licensed for 32 years