Let’s say your father is increasingly forgetful. He had a number of car accidents over the last year. He’s on a number of prescription medications, but when asked if he took his medicine, and the dosage, he cannot recite the details about his meds. It may be time for a guardianship proceeding. If so, how to serve process in that guardianship proceeding may be an issue.

The Texas Supreme Court delivered an opinion on March 4, 2022 regarding the unique issues pertaining to service of process in guardianship cases in In the Guardianship of James E. Fairley. Mauricette Fairley filled the role of guardian for her husband during the last three years of his life. Mr. Fairley’s daughter, Juliette, asked the Supreme Court of Texas to “void all orders entered in the guardianship proceeding because the proposed ward, her now-deceased father, was personally served by a process server.” Juliette contends that the probate court did not have jurisdiction over matters pertaining to her father’s guardianship, asserting that “Chapter 1051 of the Estates Code requires a proposed ward in Texas to be personally served by a sheriff, constable, or other elected officeholder.”

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