Overman v. Baker

ROBY HADDEN, Justice.

This is an appeal of a judgment which imposed Rule 13 1 sanctions upon the applicant in a temporary guardianship proceeding. Because we hold that the trial court abused its discretion in imposing sanctions, we will reverse and render.

On January 29, 1999, Olive Overman (“Overman”), filed an application to be appointed temporary guardian of the person and estate of her 93 year old aunt, Grace Edna Baker (“Baker”). In her application, Overman alleged that Baker was incapacitated, that she suffered from dementia or senility, and was making decisions regarding her residence,…