Betts v. Brown

In Betts v. Brown, No. 14-99-00619-CV, 2001 WL 40337 (Tex. App.--Houston 14th Dist. Jan. 18, 2001, no pet.), the Houston court generally defined an adverse interest as an interest that does not promote the well-being of the ward or an interest that adversely affects the proposed ward's welfare. After stating this broad definition, the Houston court then examined the trial court's finding that an applicant, Bonnie Jackson Brown, lacked standing to file an application for a guardianship because she had an adverse interest to the proposed ward based on the manner in which she had handled the proposed ward's bank account. Id. Specifically, the court noted Brown was unable to account for checks written to Cash by fully explaining the expenditures or producing receipts. Id. The court also noted Brown paid her own legal fees from the proposed ward's bank account. Id. Noting that the trial court's findings might disqualify Brown from being appointed as guardian, the Houston court asserted it could not conclude Brown's interest "so adversely affected the well-being of the ward as to deny her standing." Id. The Houston court held the trial court erred in finding that Brown lacked standing. Id.