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Local attorneys providing knowledge and legal expertise for the residents of South Texas and surrounding areas.


It can be emotionally trying to see an elderly parent deteriorate mentally to the point that he or she is unable to properly care for him or herself. However, it is important to realize that mental health issues such as Alzheimer’s and Dementia can cause one or both of your parents to lose the capacity to perform simple yet necessary tasks. If you visit your parents and notice the house has not been cleaned, and you are worried that they may not be taking the proper medications at the right time and see that they are unkempt and cannot make wise decisions regarding future plans and finances, requesting the court to grant you guardianship may be a wise option.

At Carvajal Smithwick Garcia, LLP, we have a great deal of experience in this area of probate law and can help you draw up the needed documents, collect evidence you will need and request that the court give you the power you need to care for your elderly loved ones in the way that you best see it. If you are granted guardianship, the court will provide supervision to ensure that you are indeed acting in the individual’s best interests.

Alternatively, we can help family members terminate the guardianship of someone who is clearly not acting in the best interests of his or her ward. Unfortunately, this type of situation is all too common, as the guardian has access to the ward’s financial assets and can in some cases abuse the trust that the court has placed in him or her. If you need legal help in this regard, we will gather evidence on your behalf, present your case in court and have the court name you or another trustworthy individual as the new guardian.

No matter what type of guardianship case you need help with, we offer professional, experienced legal assistance. Contact us today to discuss the particulars of your personal situation and get the help you need to care for an incapacitated elderly loved one.