Ford + Bergner LLP Wins Appellate Victory over Guardianship Case

Greg Griffin

On May 16, 2019, the First Court of Appeals in Texas issued its opinion in the case regarding the Guardianship of Bobby Charles Gafford, an incapacitated person. Ford + Bergner represented Analee Garduno Gafford, who was seeking guardianship of her elderly husband, Bobby Gafford. The trial court disqualified Analee saying that she held an interest that was adverse to her husband, and the Court appointed Bobby’s ex-wife to serve as his guardian. The Court of Appeals overturned the trial court’s order saying that Bobby’s ex-wife was not entitled to be appointed as his guardian.

In guardianships in Texas, virtually any person can apply to be someone’s guardian if they believe that the incapacitated person is in need of a guardian. An exception to this provision applies if the person applying for guardianship has an interest adverse to the incapacitated person. That adverse interest could result from an indebtedness to the incapacitated person, or it could result from a number of other situations that might present an adversity. If an adverse interest is found, then the person holding the adverse interest is precluded from participating in the guardianship proceeding at all.

Sadly, while the Garduno case was pending on appeal, Bobby Gafford passed away at the age of 80. However, the appellate decision in this case restores Analee Garduno’s rights as Bobby’s wife to pursue issues related to his estate.

Analee was represented by Ford + Bergner LLP Managing Partner Don D. Ford and appellate section head, Kenneth A. Krohn. Analee’s victory in this case at the Court of Appeals represents one of two victories Ford + Bergner achieved for clients in the First Court of Appeals in a 2-week period. Congratulations Analee!