Breaux v. Allied Bank of Texas
In Breaux v. Allied Bank of Texas, 699 S.W.2d 599 (Tex. App.--Houston 14th Dist. 1985, writ ref'd n.r.e.), Breaux, a lawyer, represented the guardian in a temporary guardianship of Breaux's estate-planning client after the client had a stroke. Id. at 601.
During the guardianship, Breaux represented the ward in other legal matters without the knowledge and consent of the guardian. Id.
After Breaux presented her bill to the guardian for those matters, the guardian declined payment on the grounds that the ward did not have capacity to contract with Breaux during her incapacity. Id.
The court of appeals agreed, holding that "since Appellant prepared the original application for guardianship, Appellant cannot now argue that the entire guardianship was improper because the ward was not a person of 'unsound mind.'" Id. at 602.