Serving Travis & Williamson Counties

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Legal Protective Authority

Austin Guardianship Attorney

Securing court-ordered protection for the personal and financial well-being of your loved ones in Travis County.

"Guardianship is about more than just paperwork; it is about providing a shield for those who can no longer protect themselves. In Austin's complex legal landscape, we ensure your loved one's dignity and assets are never left to chance. - Kyle Robbins"

Guardianship of the Person vs. the Estate

In Travis County, the probate court typically evaluates two distinct areas of responsibility. As your Austin Guardianship Attorney, we help you determine if you need authority over one or both:

  • Guardian of the Person: This role grants the legal right to decide where a loved one lives, oversee their medical treatment, and manage their daily needs and personal care.
  • Guardian of the Estate: This is a financial role. It involves managing the ward's bank accounts, real estate, and investments. The court requires strict oversight and annual accounting to ensure the ward’s inheritance is preserved and used solely for their benefit.

The "Least Restrictive Alternative"

At Robbins Estate Law, we understand that Texas law requires that we prove a full Guardianship is the only way to protect the individual. Before a Travis County judge grants a Guardianship, we must demonstrate why alternatives, such as a Power of Attorney, a Management Trust, or Supported Decision-Making, are insufficient. We specialize in documenting the specific risks and medical evidence required to meet this high legal threshold.

Case Study

Protecting the Vulnerable Parent

The Situation: An Austin client noticed her father was beginning to give large sums of money to "online friends" and was neglecting his life-saving heart medication. Because he refused to sign a Power of Attorney, the family had no legal way to intervene.

The Solution: We initiated an expedited Guardianship proceeding in the Travis County Probate Court. We worked with local medical experts to establish his incapacity and demonstrated to the court that his estate was being rapidly depleted.

The Result: Our client was appointed Guardian of the Person and Estate. We successfully froze her father's accounts to prevent further loss and secured a safe, managed-care environment where his medical needs are now consistently met.

Common Questions (FAQ)

Under the Texas Estates Code, an incapacitated person is an adult who, because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter for themselves, or manage their own financial affairs.

A standard application usually takes several months due to court-ordered attorney ad litem investigations. However, if a loved one is in immediate danger, we can often secure a Temporary Guardianship in Travis County within a matter of days.

Yes. To protect the ward’s assets, the court almost always requires the Guardian of the Estate to post a bond. This ensures that the ward's inheritance is protected against any potential mismanagement or errors.

Yes. If other family members disagree on who should be the guardian or whether a guardianship is even necessary, the case enters litigation. We have extensive experience representing families in contested guardianship battles in Travis County.

The court does not simply walk away. You must file an Annual Report on the ward's condition (for person) and a detailed Annual Account of all financial transactions (for estate). We assist our clients with these filings to ensure they remain in good standing with the court.

We have served thousands of families across Texas. Our Austin office maintains a 4.9-star rating based on 127 Google reviews from clients who have trusted us to handle sensitive matters like Guardianship, probate, and estate litigation with the utmost care.

Protect Your Assets

Schedule a confidential strategy session with our Austin team.

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Kyle Robbins

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"Providing for a loved one's future requires a plan that accounts for their vulnerability today. We give you the legal tools to lead them to safety."

- Kyle Robbins, Esq.

Don't Wait for a Medical or Financial Crisis.

Once a loved one is being exploited or their health is in decline, every day without legal authority increases the risk. Act now to secure the protection they deserve.
(512) 851-1248