Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

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Friday, October 9, 2009

GUARDIANSHIP - Purpose of Guardianship Proceeding, Competency Obviates Need for Guardian

WHAT IS THE PURPOSE OF A GUARDIANSHIP SUIT? The only purpose of a guardianship proceeding is to appoint a guardian with either full or limited authority over an incapacitated person. See Tex. Prob. Code Ann. § 602 (Vernon 2003). A guardianship is neither necessary nor appropriate when a person is found to be competent. If the probate judge had found Miller to be incapacitated, the appropriate course of action would have been to appoint a guardian with full or limited authority over him. See id. The probate judge did not. LEGAL COMPETENCY/INCOMPETENCY & GUARDIANSHIP A conclusion that no guardian is needed is a determination that the proposed ward has sufficient capacity to care for himself. Such a conclusion is, in effect, a finding that the person is competent, and it is an express denial of a request to form a guardianship. Although there is no order in the record using the express language “the application is denied” and there were apparently no further hearings or proceedings on the application, the February 15th order is final. There is no magic language required to render a judgment final. The probate judge's order states that after considering evidence, “it was neither necessary nor appropriate to appoint a guardian in this cause.” Thus, the order expressly disposes of the entire case. The language of the order does not, in any way, reserve the issue of guardianship for later determination. The language of an order can make it final, even though it should have been interlocutory, when, as here, the language expressly disposes of all claims and all parties. SOURCE: 05-08-00627-CV (10/7/09) (Dallas Court of Appeals)

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