Guardian of the Person vs. Guardian of the Estate
A Guardian of the Person makes personal decisions, such as where your loved one lives, what medical care they receive and how their daily needs are met. A Guardian of the Estate manages money and property, such as paying bills, handling bank accounts and protecting assets. One person can serve in both roles, and a Texas court can also limit a guardianship to only the decisions your loved one cannot make alone.
Our guardianship services include:
Elder Guardianship
When an aging parent can no longer manage their bills, their care or their medical decisions, and no power of attorney is in place, banks and doctors may not be able to work with you. Elder guardianship lets the court appoint a guardian to make the decisions your parent can no longer make safely, with the court overseeing how that authority is used.
If your parent can still understand and sign legal documents, planning now can make guardianship unnecessary, or make sure the right person is chosen if it is ever needed:
- A Declaration of Guardian lets your parent name the person they want as guardian, and anyone they do not.
- A Durable Power of Attorney names someone to handle finances, bills and property.
- A Medical Power of Attorney names someone to make healthcare decisions.
Amy has spent more than 20 years helping families plan for every stage of life, and she stays available after the documents are signed. As your parent's health changes, we revisit the plan with you so the right authority is in place when your family needs it.
Guardianship for Minor Heirs
In Texas, parents are the natural guardians of children. However, minor children do not have the legal ability to perform certain legal tasks such as opening a bank account.
If both parents pass and a minor child inherits property or is the beneficiary of an insurance payout, a legal guardian may be required to receive and manage those assets until the child becomes a legal adult.
Special Needs Guardianship
At 18, your child becomes a legal adult with the right to decide where to live, how to spend money and what medical care to accept. If your child has special needs, they may still need the same guidance and care you have always given, and without legal authority, doctors and banks may no longer be able to include you.
Texas lets parents file for guardianship of a child with special needs up to 180 days before the child's 18th birthday. Filing early means your authority can be in place on the birthday itself, with no gap in your ability to help.
We help you gather what the court needs, including a Certificate of Medical Examination (CME) from your child's physician. We also talk through whether a full guardianship, a limited guardianship or a Supported Decision-Making Agreement gives your child the right amount of support.
Lesser Restrictive Alternatives
Not every minor or person with special needs requires a legal guardian. In certain cases, less restrictive options can be a better alternative:
- Special Needs Trust
- Management Trust
- Supported Decision-Making Agreement
- Durable Power of Attorney
- Medical Power of Attorney
For individuals that would benefit from lesser restrictive alternatives, the Law Offices of Amy L. Jenkins can help you identify the best alternatives for your unique situation so you can experience enhanced independence by making your own decisions.


