NO. 2005-1234
IN THE MATTER OF
THE GUARDIANSHIP OF
MARY JONES
AN ALLEGED INCAPACITATED PERSON
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IN THE PROBATE COURT
OF
TRAVIS COUNTY, TEXAS
EXHIBIT B
AFFIDAVIT OF ANGELA SMITH
ADULT PROTECTIVE SERVICES SPECIALIST
STATE OF TEXAS
COUNTY OF TRAVIS
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BEFORE ME, the undersigned authority, on this day personally appeared Angela Smith, a
person whose identity is known to me. After I administered an oath to him/her, upon his/her oath,
he/she said:
“My name is Angela Smith. I am an Adult Protective Services specialist and employee representative of the Texas Department of Family and Protective Services. I am capable of making
this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and
correct. I have been assigned to provide services for elderly persons and adults with disabilities. I
believe the proposed ward is incapacitated to a degree requiring guardianship. I have explored less
restrictive alternatives to guardianship and found none appropriate for the proposed ward. In spite of a
diligent search, I have found no other appropriate person willing or able to serve.
Over the past year, Adult Protective Services (APS) has received two referrals related to Ms. Mary Jones,
Proposed Ward. After the first referral was received on October 15, 2008, APS determined that Ms. Jones had
been diagnosed with Alzheimer’s and as a result, her ability to follow her prescribed medical regimen for
treatment of diabetes, to maintain her home and personal hygiene, and to live independently had declined in
recent months. According to her physician, Dr. John Miller, she was admitted to the hospital in diabetic coma in
May and again in October of 2008.
After the first referral was received, APS made arrangements for Ms. Jones to receive in-home services,
including a homemaker, Meals on Wheels, and home health services. Once these services were implemented,
Ms. Jones’ home situation and diabetes stabilized, so APS closed the case in January of 2009.
APS received a second referral on September 25, 2009, and determined that John and Sue Johnson,
whom Ms. Jones met while visiting her church and claimed to be traveling evangelists, had moved in with Ms.
Jones the week before and had dismissed all of Ms. Jones’ service providers. Rev. James Moore, pastor of the
First United Methodist Church, where Ms. Jones attends, advised that the Johnsons are not ordained ministers and
have exploited elderly members of at least two other local churches.
Ms. Jones’ prescription for oral diabetic medication ran out two weeks ago and was not refilled. Ms.
Jones also admits she is not following her diet. However, at the insistence of the Johnsons, Ms. Jones refuses to
refill the prescription or see her doctor. Dr. John Miller told APS specialists that without her medication, Ms.
Jones’ blood sugar could become dangerously high, leading to serious complications or death, and that he
believes Ms. Jones is incapacitated to make decisions. However, he refuses to provide a written statement unless
Ms. Jones comes in for an appointment, which she refuses to do.
Yesterday, October 25, 2009, John Johnson convinced Ms. Jones to transfer title to her car and ownership
of her home to him and to give him her Durable Power of Attorney. Mr. Johnson withdrew all of the money from
Ms. Jones’ checking and savings accounts, in the amount of $4,850.
Based on this information, I believe that a guardianship is needed in order to seek immediate medical
treatment for Ms. Jones and to take legal action to remove the Johnsons from her home and recover her estate.”
Angela Smith
Angela Smith
APS Specialist
Adult Protective Services
Sworn to and subscribed before me on the ______ day of ____________________, ________
by ______________________________________.
Notary Public’s Signature