May a Guardian Get a Divorce on Behalf of a Mentally Incapacitated Adult?

May a Guardian Get a Divorce on Behalf of a Mentally Incapacitated Adult?

A short excerpt from the long majority in In the Matter of Benavides, by Justice Jeffrey Boyd: A woman appointed as guardian for her elderly father moved him out of the house he shared with his fourth wife and later filed for divorce on his behalf on the ground that the couple had lived apart for more than three years. The trial court granted the divorce, and the wife appealed…. The wife [appeals], arguing [that] … Texas law does not permit a gu…