Allison v. Walvoord

In Allison v. Walvoord, 819 S.W.2d 624, 625 (Tex. App.--El Paso 1991, orig. proceeding [leave denied]), the wife of a proposed ward filed an application for the appointment of a limited guardian for her husband. The plaintiffs in two pending lawsuits against the proposed ward sought to contest the application, but the wife challenged the plaintiffs' standing. Id. The trial court found the plaintiffs had standing, and the wife filed a mandamus petition seeking to have the trial court's order vacated. Id. The El Paso court held the plaintiffs were not interested in the welfare of the proposed ward. Id. at 626. The court noted the plaintiffs' interest was in obtaining a substantial judgment against the proposed ward "which could only adversely affect his welfare." Id. Because the plaintiffs were not interested in protecting the proposed ward's well-being, the El Paso court held the plaintiffs lacked standing. Id. at 627.