Guardianship Attorney in Collin County, TX

Ensuring care for vulnerable loved ones

When an aging parent, an adult child with special needs or a minor heir can't handle legal decisions alone, we walk your family through every Texas option in plain language, from alternatives that keep independence intact to a court-appointed guardian, so you have the legal authority to help.

Secure Their Future

Compassionate Guardianship for Peace of Mind

When someone you love can no longer manage their personal or financial affairs because of age or disability, guardianship gives a trusted person the legal right to step in. We guide families through each part of the process, from deciding whether guardianship is needed at all to carrying out a guardian's duties once the court makes the appointment.


From our Frisco office at 12800 Westridge Boulevard, Suite 161, we work as a guardianship lawyer for families in Frisco, McKinney, Plano and throughout Collin County. We also handle guardianship matters for families in Dallas, Denton, Grayson and Rockwall Counties.

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:

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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:


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.

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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.

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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.

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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.

How Guardianship Works in Texas, Step by Step

Every Texas guardianship moves through the same court process. In Collin County, these cases are heard in the Collin County Probate Court.

Pay debts, expenses and taxes

Valid debts, final bills and administration expenses are paid from the estate before anything goes to the beneficiaries. We help you sort which claims are valid and in what order they are paid.

File the application

The person asking to serve as guardian files an application with the court, explaining why guardianship is needed and what kind is requested.

Serve the proposed ward and appoint an attorney ad litem

Your loved one receives formal notice of the case, and the court appoints an attorney ad litem to represent their interests.

Obtain the Certificate of Medical Examination

A physician examines your loved one and completes a Certificate of Medical Examination describing their condition and which decisions they can and cannot make.

Attend the hearing

The judge reviews the evidence, confirms that less restrictive alternatives were considered, and decides whether a guardianship is needed and what powers it includes.

Qualify as guardian

The guardian takes an oath and posts a bond, and the court then issues letters of guardianship, the document that proves the guardian's authority to banks, doctors and others.

A guardianship does not end with the hearing. A guardian reports to the court every year on the ward's wellbeing and, for a Guardian of the Estate, on how the ward's money has been handled.

Alternatives to Guardianship in Texas

Guardianship is not the only way to help someone you love. Before granting one, a Texas court must find that less restrictive alternatives were considered, and many families find an option that fits their loved one better:


  • A Special Needs Trust holds money for a person with a disability without putting their SSI or Medicaid eligibility at risk.
  • A Management Trust is a court-created trust that manages money for a minor or an adult who cannot manage it, often without a guardianship of the estate.
  • A Supported Decision-Making Agreement lets an adult with a disability keep making their own decisions with help from a trusted supporter they choose.
  • A Durable Power of Attorney lets your loved one name someone to handle their finances while they still have the capacity to sign it.
  • A Medical Power of Attorney lets your loved one name someone to make healthcare decisions if they become unable to.


We lay out every path, not only the court path, and explain each one in plain language. That way your family can choose the amount of help your loved one actually needs while keeping as much of their independence as possible.

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Answers to Common Texas Guardianship Questions

  • How do I get guardianship of my adult child with special needs in Texas?

    You file a guardianship application with the probate court in the county where your child lives, and Texas allows you to file up to 180 days before your child turns 18. The court will need a Certificate of Medical Examination from your child's physician, and it will appoint an attorney ad litem to represent your child. After a hearing, the judge decides whether a full or limited guardianship is appropriate.

  • What are the alternatives to guardianship in Texas?

    The main alternatives are a Supported Decision-Making Agreement, a Durable Power of Attorney, a Medical Power of Attorney, a Special Needs Trust and a Management Trust. Texas courts must consider these less restrictive options before granting a guardianship. The right choice depends on what decisions your loved one can still make and whether they can sign documents themselves.

  • How do I become guardian of my elderly parent in Collin County?

    You file an application with the Collin County Probate Court, and your parent is formally notified and assigned an attorney ad litem. A physician completes a Certificate of Medical Examination, and a judge holds a hearing to decide whether guardianship is needed. If you are appointed, you take an oath, post a bond and receive letters of guardianship before you can act.

  • What is the difference between a guardian of the person and a guardian of the estate in Texas?

    A guardian of the person makes personal decisions, such as where the ward lives and what medical care they receive. A guardian of the estate manages the ward's money and property. The court can appoint one person to both roles or appoint different people to each.

You Don't Have to Figure Out Guardianship Alone

Whether you are caring for an aging parent, preparing for your child's 18th birthday or looking after a young heir's inheritance, we explain your options and stay with you through every step. Call us at (469) 296-8202 or reach out online to talk through where things stand.

More than 20 years of legal practice. Member of the State Bar of Texas, Collin County Bar Association and Collin County Women Lawyers Association.