Attorney Ad Litem REMOVED to protect the proposed ward’s interests

You don’t see this every day. So that you may know we still have Honorable men and women on our benches, I include this Motion to Disqualify, hearing transcript, supplemental briefs and the Court’s final order. The Final Order threw me because at first, I thought I lost. Then, I read on.. I won. So […]


Don’t confront a fool, lest you be like him!

I decided to periodically blog something spiritual and uplifting that I believe will help us unify and avoid strife and backbiting. This is timeless wisdom–TRUTH! How we need wisdom in the middle of these crises among advocates. We would be wise to learn from Scripture so that we can put aside folly and grow in […]


Texas Guardianship Reforms ~ Credit where Credit is Due

  As we widely publicize on this blog to warn seniors and those with disabilities to stay the heck out of probate court (which is a recommendation I still give as a lawyer, despite reforms), Texas seems to be leading the Nation’s charge in attempting to reform guardianship. These reforms are designed to guarantee that […]


Guardianship: Your definition of “PROTECTION” is everything

My favorite Texas Advocate, Debby Valdez, rightfully concludes that in Guardianship, everyone but the person the law was supposedly drafted to protect–is protected. You have no idea how much protection is offered to the perpetrators of abuse, which keeps guardianship mired in organized crime at the expense of elderly and disabled victims, whose fate is […]


Kasey Kasem Bill makes law in Texas – Visitation

After a busy Legislative session in 2015 by the Texas Legislature with respect to guardianship (over 30 bills proposed in guardianship), wards can now look forward to having more rights, one of those being visitation with family and others entitled to notice of guardianship proceedings, which can encompass friends due to estate planning documents designating […]


Bill of Rights in Guardianship Texas

Seems our Legislature has just determined that elderly and disabled wards are American Citizens, after all. Well, sort of. SB 1882 law enacted for a ward’s Bill of Rights because lawyers like Sarah Pacheco think the Constitution does not apply in probate court. Yes she said that. While I do not think wards should have […]


Money Talks~ Autism and Dementia Don’t Speak

“Money Talks, Autism and Dementia Do Not” Candice Schwager The Texas Estates Code qualifies the disqualified and disqualifies the qualified for Cash Cause No. 415959; In re Andrew Stephen Keith Guardianship (Probate Court 3) I am a licensed Texas attorney (1998) and certified attorney ad litem (AAL) bythe State of Texas. I graduated in the […]


Is this a person?

Animals do things by instinct and do not reason. Humans reason, supposedly. Yet we cannot figure out what a person is. The Estates Code defines a person as property and corporations as people. That is why corporations have more rights than people. That is why we murder our unborn children. That is why we murder […]


Guardianship: Jesus Take the Wheel!

nbsp;   “The Road to Hell is Paved with Good Intentions”I am such the fan of Terry Hammond, I had to reprint this. It’s also eerily frightening the thought of the Judiciary asleep at the wheel, which is Terry’s big plan..he he he. I’m praying Jesus will take the wheel. Anyone have a drumroll…. Here’s […]


Texts, Emails & Social Media in Divorce

Electronic communications such as texts, email and even posts on social media sites such as Facebook and Twitter are fast becoming the most important pieces of evidence in divorce cases. In fact, 94 percent of 1,600 lawyers recently surveyed by the American Academy of Matrimonial Lawyers (AAML) claimed that text messages had increasingly become the […]


Determining Primary Custody in Texas

Parents frequently asked “How is primary custody determined by the Courts?” The term “primary custody” is commonly used jargon to describe the Parent with the exclusive right to designate the child’s primary residence, since parents will be deemed Joint Managing Conservators in most cases (“JMC”). Joint Managing Conservator denotes the fact that both parents have […]


Using Social Media to Deny Alimony in Texas

A trend has emerged in the context of Texas Family Law to refer to the opposing spouse’s social media accounts in search of “smoking guns” and obtain an edge. This practice has provided unbelievable evidence and is seen primarily in cases where the Parties’ estate is substantial and one party seeks alimony from the other. […]


Child Custody in Texas: Standard Possession Order

In Texas, Courts almost always defer to the Legislature-created “Standard Possession Order,” which seeks to fulfill our State’s goal of promoting meaningful, continuous contact with both parents in the event parents divorce, as many do these days.  There are rare circumstances which may cause a Judge to veer from the Standard Possession Order found in […]


Autistic Intelligence is not always what meets the I.Q.

 There’s more to the intelligence of autistic people than meets the IQ. Unlike most individuals, children and adults diagnosed as autistic often score much higher on a challenging, nonverbal test of abstract reasoning than they do on a standard IQ test. The same autistic individuals who score near or below the IQ cutoff for “low […]


Family Law: Relocation in Texas

Relocation has been a hot topic for family lawyers and for some of their clients for a few years. Courts have also published decisions in this area. With litigation involving the right to establish the child’s domicile becoming prolific, the guidance offered by these decisions is generally well-received and considered long overdue. The first decision […]


Special Needs Planning & Guardianship

As your special needs son or daughter reaches the age of the majority, 18, parents be aware of the need to begin transition services and obtain a guardianship so that you can continue to have access to information that would otherwise be confidential, make decisions on behalf of your disabled child, and receive State and/or […]


Special Needs Trusts

A Special Needs Trust is a specialized legal document designed to benefit an individual who has a disability. This may also be called a Supplemental Needs Trusts, denoting the items upon which trust assets may be spent.  It is important to remember that a Special Needs Trust is a living legal document that is meant to not […]