No. 23-536

Kendall Merlo v. Ingrid Warren, Presiding Judge, Probate Court No. 2, Dallas County, Texas

Lower Court: Texas
Docketed: 2023-11-20
Status: Denied
Type: Paid
Response Waived
Tags: competency competency-hearing due-process estate-law guardian-ad-litem judicial-procedure notice pleadings probate-court sua-sponte
Key Terms:
DueProcess FirstAmendment HealthPrivacy
Latest Conference: 2024-01-19
Question Presented (AI Summary)

Does a state trial court violate due process by appointing a guardian ad litem for the adult beneficiary of an estate, who is presumed to be competent, when the order was entered sua sponte and without valid pleadings, notice or a competency hearing?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Does a state trial court violate due process by appointing a guardian ad litem for the adult beneficiary of an estate, who is presumed to be competent, when the order was entered sua sponte and without valid pleadings, notice or a competency hearing? Does a state trial court again violate due process by re-appointing the same guardian ad litem for the same adult beneficiary of an estate in a court-initiated guardianship proceeding, again without any kind of evidentiary competency hearing, and after the court’s own appointed Investigator has issued a report finding the proposed ward to be perfectly competent? Is it a violation of due process to appoint a guardian ad litem for the purpose of contesting the findings of the court’s own appointed Investigator that the proposed ward is competent, when the guardian ad litem has a clear conflict of interest with the proposed ward because of a large financial incentive to find the ward to be incompetent?

Docket Entries

2024-01-22
Petition DENIED.
2024-01-03
DISTRIBUTED for Conference of 1/19/2024.
2023-12-20
Waiver of right of respondents Appointed Guardian ad Litem, Don D. Ford III to respond filed.
2023-11-16
Petition for a writ of certiorari filed. (Response due December 20, 2023)

Attorneys

Appointed Guardian ad Litem, Don D. Ford III
Don D. Ford IIIFord + Bergner LLP, Respondent
Don D. Ford IIIFord + Bergner LLP, Respondent
Independent Executor Mark A. Merlo
Kenneth E. WalkerWalker & Chambers, Respondent
Kenneth E. WalkerWalker & Chambers, Respondent
Kendall Merlo
Charles W. McGarryLaw Office of Charles McGarry, Petitioner
Charles W. McGarryLaw Office of Charles McGarry, Petitioner