Per CaseMaker® Digest:

Despite the circumstancees relating to the nursing care facility, the trial court did not abuse its discretion in not yet ruling on guardianship as the length of time between when the judge took up the matter and the instant date was quite short

In re Carlisle

Texas 6th Court of Appeals
Date decided:      May 03, 2010
Docket number:      06-10-00035-CV
Judge:      Josh R. Morriss III

The petitioner guardian and temporary guardian of the concerned individual filed a petition for writ of mandamus asking the appellate court to order the judge of the trial court to rule on their pending motion to name a permanent guardian of the estate. The court recognized that the appointment of a temporary guardian of the estate expired on the present day, 05/03/2010. The individual’s insurer informed the parties that it would no longer pay for the expense of his care in the facility in which he currently resided and for a transfer, the local nursing care facility would not accept the individual without the appointment of a permanent guardian of the estate. However, the court held that the length of time between when the trial judge took the matter under advisement and the instant date was quite short and so, it concluded that the trial court did not abuse its discretion in not yet ruling on the guardianship. The court denied the petition.