A short excerpt from the long majority in In the Matter of Benavides, by Justice Jeffrey Boyd:

A woman appointed as guardian for her elderly father moved him out of the house he shared with his fourth wife and later filed for divorce on his behalf on the ground that the couple had lived apart for more than three years. The trial court granted the divorce, and the wife appealed…. The wife [appeals], arguing [that] … Texas law does not permit a guardian to sue for divorce on her ward's behalf ….

We need not definitively decide [this] issue …. 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 bes

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