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Click here for the full text of this decision FACTS:Appellant Robert W. Karlen filed an application for appointment of guardianship over the person and estate of his mother Joye P. Karlen. Along with this application, appellant filed a report by Dr. Murray Pizette dated almost one year before the original filing of the application describing Joye as suffering from severe ataxia and dementia and needing care 24 hours a day, seven days a week. Pursuant to Texas Probate Code �687(b). Robert also filed a motion for an independent medical examination of Joye complaining that his brother Joseph Richard Karlen (Rick) was preventing him from having access to Joye. During the course of the proceedings, the trial court appointed an independent investigator to assist the court and a guardian ad litem to represent Joye’s best interest. After having evaluated Joye, both of those individuals concluded that she was not in need of a guardian. In response to appellant’s pleadings, Joye filed a motion to dismiss the application for guardianship and a pleading in opposition of the motion for independent medical examination. Attached to the motion to dismiss was a report by Dr. Richard Carney stating that there was no evidence of Joye’s incapacitation or her need for a guardian. Following a hearing on the issues, the trial court granted the motion to dismiss the application for guardianship and denied the motion for independent medical examination. Robert appealed the trial court’s denial of his motion for independent medical examination. Robert contended that because Rick prevented him from having access to Joye, it was essential for the court to grant his motion for an independent medical examination so that he could comply with the guardianship procedural requirements. HOLDING:Affirmed. Texas Probate Code �687, the court stated, requires an applicant to provide the trial court with a letter from a licensed physician dated not earlier than the 120th day before the date of the filing of the guardianship application setting forth certain evaluations of the proposed ward, such as the nature and degree of the incapacity. In the event that an applicant cannot independently provide the court with such an examination report, �687(b) allows the applicant to petition the court to require an examination of the proposed ward. The court stated it would examine the trial court’s denial of Robert’s request for an examination pursuant to �687(b) for abuse of discretion. The court noted that the trial court heard testimony from Cathy Shannon, the court-appointed guardian ad litem. Shannon stated that Joye did not need a guardian. The trial court also allowed Karlen to make a brief statement at the hearing expressing her opposition to a guardianship; Shannon said that if one should be appointed, she preferred Rick. In sum, the court found that the the trial court had a substantial amount of evidence before it that Joye was not incapacitated and did not need a guardian. Based on these facts, the court found that the trial court did not act arbitrarily or unreasonably in finding that it was unnecessary to appoint a physician to examine Joye under �687(b). OPINION:Hedges, C.J.; Hedges, C.J., and Yates and Seymore, J.J.

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