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The Heard &
Smith, L.L.P. firm developed this site to
provide information on guardianship in Texas.
“Guardianship” grants an individual legal
authority to manage the affairs of a loved one
who is unable to make their own decisions due to
physical or mental incapacitation. Our attorneys
have worked with many families whose loved ones
are no longer able to care for themselves due to
developmental disabilities, disease, or injury.
We are sensitive to the emotional distress of
those called upon to seek guardianship and our
lawyers recognize that this awesome
responsibility can be made more difficult by
conflicting emotions and a complicated judicial
process. If you are contemplating seeking
guardianship, Heard & Smith attorneys can
help you face this sometimes overwhelming
situation. We have the resources, understanding
and knowledge to guide you in your quest to
protect the well-being of your family member who
cannot care for themselves.
Guardianship
empowers a court-appointed individual or entity
(the guardian) with the authority to make
decisions for an individual (ward) who is found
to be incapacitated. Adults, minors (someone
under 18 years old) and missing persons may be
considered incapacitated. The court deems a
person incapacitated when they are unable to
make informed decisions and:
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Provide
food, clothing or shelter for themselves,
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Care
for their own physical health, or
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Manage
their financial matters.
Guardians have
different levels of authority depending on the
limitations of their ward. Some individuals
require guardianship for both themselves and
their estate. A guardian who is responsible for
a person makes decisions related to medical
treatment, living environment and other matters
that safeguard the well-being of the ward.
Estate guardianship grants authority over an
incapacitated person’s property and/or
financial affairs. In the event that a person is
in immediate danger, the court may grant
temporary guardianship without notice to the
ward for up to sixty days. The court may also
initiate guardianship procedures if they are
notified that a county resident appears to be
incapacitated and is experiencing abuse,
self-neglect or exploitation.
Placing a
person under guardianship removes many civil
liberties that citizens in America enjoy. A ward
loses the right to manage his or her own
affairs; to choose where to live; to consent and
refuse medical treatment; and even the rights to
vote and to drive. Because these rights are so
significant, the court requires substantial
evidence and documentation to substantiate
incapacitation. This is a complex process that
requires the skill and experience of a qualified
guardianship attorney. Heard & Smith, L.L.P.
attorneys actually serve as guardians and have
represented hundreds of families in guardianship
matters. Mark Stanton Smith has served two terms
as President of the National Guardianship
Association and has served on the board of Texas
groups involved in guardianship matters. He is a
recognized national expert on guardianship
matters. If you are trying to decide how to
fulfill your commitment to your incapacitated
loved one please contact us at (210) 820-3737 or
toll-free at (800) 584-3700 to discuss your
situation. You may also contact
us via our website.
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