Untitled Texas Attorney General Opinion ( 1945 )

‘735 :‘*f 63 l .- OFFICE OF THE ATTORNEY GENERAL.OF TEXAS AUSTIN Bonorable Jam. a.D8rt cowl ty Attorney Kendall County Boerne, Texas Pear Hr. D8rtr been given our care- y years or 8ger who of unmound mind, m- that t.he judpmnt entered jn Kerr County to judge her OP being a feeble-minded person, CO!?- ml ttin c her Y.Q. the Austin State School. The ~tatutes,mthoriring the appointment ef 8 pardlant mder which the proceedlncs In Kerr County were Instituted and judpnrententered, are for the salient purpose of horlng a euard- Ian appoInted for the nernons named t,herein, rho, in the judge- ment of tl-e Count.7 Court, ape not. competent to hanrlle their rroyertp. ‘7X Bonorable Jom. 8. Dart - page 2 We have other prorlolon8 in the wtatuter for tbe trial of lnmnepersons, and in virtue thereof are ordered ~aopflned In the 8tatr ~otltutlonr for perrons of Mmound mind. UnquertlmaEl~, the oourt that appoints a guardian for a psraon of mmound mind would aof in that prOeoeding h8re autberity to oommlt the party to tbo inatltution ln Texas ?or the lnw~e. The propor method of prooedure, therefore, is ta file the oomplalnt In Kendall Ceuntr, and haTa the trial court determine whether ehe 1s nor ot mah feeblermind 88 requirea her to be oonflned in the Au&in State Sahool, and if ao, enter judgment and proaerclaeoordlngI``