Texas Estates Code

Texas Estates Code Section 1203.056 Removal or Reinstatement of Guardian under Certain Circumstances

Under Section 1203.056 of the Texas Estates Code, subparagraph (a) is clear (emphasis added):

Sec 1203.056(a)
The court may remove a guardian under Section 1203.051 (Removal Without Notice; Appointment of Guardian Ad Litem and Attorney Ad Litem)(a)(6)(A) or (B) only on the presentation of clear and convincing evidence given under oath.

No such evidence was ever presented on January 29, 2019- under oath or otherwise, or at any time- to Judge Oscar Kazen, because no such evidence required by Texas State Statute to remove Laura as Charlie’s guardian existed. Perhaps this is why Judge Kazen, in his Jan 29, 2019 Order, drafted by attorney William Leighner, never mentions he is removing the existing guardian, Laura Martinez, appointed by the previous judge Tom Rickhoff, just 10 weeks earlier.  Attorney Leighner knew he had zero justification for removing Laura, so his drafted Order for friendly judge Oscar omitted statutory requirements that protect the Ward from exploitation by court-insiders, such as attorney Leighner. If any sort of impropriety came up — which it did — Kazen and Werner’s neighbor, Shavano Park resident Judge Sidney Harle, could be counted on to back them up, and keep Shavano Park resident Judge Oscar Kazen stuck like glue to Charlie’s guardianship case.

Judge Kazen improperly and against several Texas Estates Code statutes abused his authority in replacing Laura’s no-cost guardianship of Charlie with the for-profit guardianship of Charlie by Judge Kazen’s two-block away neighbor, the wife of the Mayor of the community where they all live/lived, and professional guardian, Mary Werner.

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