Opinion
No. C-7607.
October 5, 1988.
Appeal from the 318th District Court, Midland County, Barbara Culver, J.
John G. Hyde, Freeman, Hyde Martin, Midland, for petitioner
Karen M. Carr, Torres Carr, Harper Estes and Jimmie D. Oglesby, Lynch, Chappell, Allday Alsup, Midland, for respondent.
This case involves a divorce action. The issue before the court of appeals was whether a guardian or next friend may obtain a divorce on behalf of a mentally incompetent person. That court held that a guardian ad litem or next friend could exercise the right of a mentally ill person to obtain a divorce. 750 S.W.2d 837 (Tex.App. — El Paso 1988). Leonard C. Wahlenmaier has asserted that the act of dissolving the marital relationship may not be exercised by a guardian or next friend.
We approve of the court of appeals holding that a guardian ad litem or next friend can exercise the right of a mentally ill person to obtain a divorce. Those cases in which the courts of appeal have held that a guardian or next friend may not exercise the right of a mentally ill person to obtain a divorce are hereby disapproved. See Hart v. Hart, 705 S.W.2d 332 (Tex.App. — Austin 1986, writ ref'd n.r.e.); Dillion v. Dillion, 274 S.W. 217 (Tex.Civ.App. — Amarillo 1925, no writ); Skeen v. Skeen, 190 S.W. 1118 (Tex.Civ.App. — Dallas 1916, no writ).
The application for writ of error filed by Leonard C. Wahlenmaier is denied.