Serving Travis & Williamson Counties

Legal Authority

Austin Guardianship Attorney

Secure the legal authority to protect your loved ones through expert Minor and Adult Guardianship strategies in Travis County.

"You have spent a lifetime caring for your family. It only takes one period of incapacity to put their well-being at risk. In Austin's complex legal environment, hope is not a strategy. Legal guardianship is. - Kyle Robbins"

Why a Power of Attorney Isn't Enough

Many Austin families believe that a basic Power of Attorney is sufficient for every situation. While a Power of Attorney is a vital tool, it has significant gaps. If a loved one becomes fully incapacitated or resistant to care, a Power of Attorney can be revoked or ignored by financial institutions.

To truly protect a vulnerable adult or minor, you need a court-ordered Guardianship. This provides the ultimate legal barrier, ensuring that you, and only you, have the recognized authority to act in their best interest, regardless of outside interference.

Our Guardianship Toolbox

At Robbins Estate Law, we do not use "cookie-cutter" plans. We analyze your specific family dynamic, such as whether you are caring for an aging parent in Austin or a child with special needs, and deploy specific legal protections:

  • Guardianship of the Person: Obtaining the legal authority to oversee medical care, housing, and daily well-being.
  • Guardianship of the Estate: Securing the right to manage assets, pay bills, and protect the ward's financial interests from exploitation.
  • Temporary Guardianship: Deploying emergency legal measures when a family member is in immediate danger or a crisis requires instant intervention. 
  • Management Trusts: Utilizing Section 1301 Trusts to manage a ward’s property, often providing a more flexible and cost-effective alternative to a full Guardianship of the Estate.

Case Study

The "Vulnerable" Senior

The Situation: An Austin client noticed that her elderly father was being targeted by scammers and was no longer paying his mortgage. Because he had not signed a Power of Attorney while he was of sound mind, the family was powerless to step in.

The Solution: We initiated an emergency Guardianship proceeding in Travis County. We worked with local medical experts to document his incapacity and satisfy the strict requirements of the Texas Estates Code.

The Result: Our client was appointed Guardian of the Person and Estate. We successfully froze her father's accounts to stop the fraud and secured his home, ensuring he received proper medical care in a safe Austin facility. 

Common Questions (FAQ)

A Guardian of the Person is responsible for the ward’s physical well-being, such as medical decisions and living arrangements. A Guardian of the Estate manages the ward’s finances and property. In Travis County, the court may appoint one person to handle both roles or split them between different individuals.

Once a Guardian is appointed, the court maintains ongoing oversight to protect the ward. This includes requiring an Annual Report on the Condition of the Beneficiary for Guardians of the Person and an Annual Account for Guardians of the Estate, which must detail every penny spent from the ward’s funds. Our firm ensures you remain in full compliance with these strict Travis County reporting requirements to avoid personal liability or removal.

Before granting a Guardianship, Travis County courts require proof that alternatives, such as a Power of Attorney or a Management Trust, will not work. We specialize in documenting why a full Guardianship is necessary to provide the protection your loved one needs.

A standard Guardianship can take several months, but if an emergency exists, we can often secure a Temporary Guardianship within days. The timeline depends heavily on the specific requirements of the Travis County probate courts.

In Texas, a guardianship for a minor typically terminates when the child turns 18 or is otherwise emancipated. However, if the child has a permanent disability, we can transition the case into an Adult Guardianship to ensure uninterrupted care.

We are proud to have served thousands of families across Texas. Our Austin office currently maintains a 4.9-star rating based on 127 Google reviews from clients we have assisted with probate, guardianship, and estate litigation.

Protect Your Assets

Schedule a confidential strategy session with our Austin team.

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Your information is 100% confidential.

Kyle Robbins

Attorney Review

Guardianship is not about taking away someone's freedom. It is about using the law to provide a safety net that ensures your loved one's dignity and assets are not derailed by incapacity or exploitation.

- Kyle Robbins, Esq.

Don't Wait Until a Family Crisis Occurs.

Once a loved one is fully incapacitated or being exploited, the legal process becomes much more complex. Act now.