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EN
May a Guardian Get a Divorce on Behalf of a Mentally Incapacitated Adult?
['Eugene Volokh', 'Jacob Sullum', 'Jacob R. Swartz', 'Nick Gillespie', 'Christian Britschgi', 'Joe Lancaster', '.Wp-Block-Co-Authors-Plus-Coauthors.Is-Layout-Flow', 'Class', 'Wp-Block-Co-Authors-Plus', 'Display Inline']
Reason.com
Carlos did not pursue the divorce, and the trial court dismissed the First Divorce Proceeding for want of prosecution in February 2007.
To whatever extent the Texas Estates Code may allow a guardian to seek a divorce on her ward's behalf, it at least requires the guardianship and divorce courts to find that permitting the divorce would promote the ward's well-being and protect his best interests.
The wife [appeals], arguing [that] … Texas law does not permit a guardian to sue for divorce on her ward's behalf ….
The traditional view … is that an "exercise of the will" is an essential element of both marriage and divorce.
It follows from this traditional view that a guardian cannot obtain a divorce on behalf of a ward who cannot intelligently exercise his will to divorce.
['marriage'
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'judgment'
'moral'
'adult'
'mentally'
'behalf'
'courts'
'divorce'
'law'
'guardian'
'view'
'incapacitated'
'judges'
'court']