IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT

             IN AND FOR COLLIER COUNTY,
FLORIDA    

PROBATE DIVISION

 

IN
RE:  GUARDIANSHIP OF,       

 

MARY
JEAN ZISKA,                                              

 

File
Number:                           06-116-GA

                                                06-117-GA

                                                                       

                                     AGREED
ORDER AFFIRMING INCAPACITY

 

With respect to Mary Jean Ziska (the Ward), and the
Court having considered the record in this matter and the representations of
counsel, the Guardian – applicant and all interested parties and being fully
advised in the premises, finds as follows:

1.         The
Ward was declared incompetent and incapacitated by Order of the Court
on January 3, 2006 in Collier County Circuit Court Case Number:  06-116-GA (“Order On Incapacity”).
The nature and scope of the Ward’s incapacities are such that she lacks the
ability to exercise certain rights as indicated below by this court. 

2.         The Ward has been named as a Defendant in a separate Collier
County Court action entitled Cypress
Cove At Pelican Stand Condominium Association, Inc. vs. Mary Jean Ziska, et al.,
Collier County Court Case Number: 
07-3121-CC.  Attorney for the
Plaintiff, Cypress Cove, in the separate action is Diane M. Simmons-Burnside,
Esquire.  Attorney Simmons-Burnside filed
a Motion
for Appointment of a Guardian Ad Litem requesting that the presiding
judge in the Ward’s Guardianship case appoint an attorney for the Ward so that
the Ward may be represented in the separate County Court action.

 

 

 

 

 

 

3.         On
December 7, 2011 this Court, the Hon. Elizabeth V. Krier, Circuit Court Judge,
presiding, issued an Order Appointing Temporary Guardian And
For Competency Evaluation, (“Order Appointing Temporary Guardian”).  The Order Appointing Temporary Guardian
vested the following rights of the Ward in the Temporary Guardian:

 

·        
The
right to make decisions regarding the Ward’s right to sue, assist in the
defense           of suits of any nature against her;

 

·        
The
right to make decisions regarding the Ward’s right to contract;

 

·        
The
right to manage the Ward’s assets, including real and personal property.

 

            4.         The
statutory time period permitting the Temporary Guardian to serve for the Ward
has expired and the Temporary Guardian was discharged by the Court at the
request of the Ward.  See, Recommended
Order of the Magistrate dated December 5, 2012 and Order
Adopting Report And Recommendation Of The Magistrate On Petition To Discharge
Temporary Guardian dated December 5, 2012 and filed with the Clerk
Of Court on December 6, 2012. 

            5.         The Ward remains in need of a Limited
Guardian to assist her in defendant the separate County Court action.

6.         All
counsel and interested persons have been advised that a new applicant to be
appointed as Limited Guardian for the Ward has come forward and filed the Application
For Appointment As Guardian. 
See Composite Exhibit A
attached hereto. Lucius Scott Renshaw (“Guardian – Applicant Renshaw”). 

7.         At the request of the Ward, Guardian – Applicant Renshaw has
filed the necessary documents with the Court permitting him to serve as Limited
Guardian for the Ward.

8.         Attorney Diane M. Simmons-Burnside, Esquire has consented to
the appointment of Guardian – Applicant Renshaw as Limited Guardian of the
Ward.  See Exhibit B attached.

9.         Attorney Shayna Cavanuagh represents Interested Person
Marion Gregory.  Ms. Gregory is the
mother of the Ward.  Attorney Cavanugh
and Interested Person Marion Gregory consent the appointment of Guardian –
Applicant Renshaw as Limited Guarian of the Ward.  See Exhibit
C attached.

 

 

 

ORDERED AND ADJUDGED as follows:

A.        Mary
Jean Ziska is hereby affirmed to be incapacitated and that a Limited Guardin in
the nature of Lucius Scott Renshaw should be appointed to provide for the
welfare and safety of the Ward.