Contestment of guardianship

1. 04/10/2011
TO THE HONORABLE JUDGE CHRISTINE BUTTS,
This letter is in reference to the application for Guardianship of Helen Rita Hale, Court Docket
No. 403,028 which was held on your court on April 6, 2011.
We hereby notify the Court that the Notice received by the adult children did not contain the
information required in the citation issued under Section 633 Subsection (b) of the Texas Probate Code.
We, therefore, contest the appointment of Linda Diane Cheatham as guardian.
The only information received by the below listed adult children by certified mail was a copy of
the application of guardianship and a short letter (Copy enclosed) from Michael R. Tibbets, the attorney
for the applicant, stating his representation for Diane Cheatham in the guardianship of our mother,
Helen Rita Hale.
As you are well aware, Section 633 (d) of the Texas Probate Code clearly states: “The applicant
shall mail a copy of the application for guardianship and a notice containing the information required in
the citation issued under Subsection (b) of this section by registered or certified mail, return receipt
requested, or by any other form of mail that provides proof of delivery, to the following persons, if their
whereabouts are known or can be reasonably ascertained:
(1) all adult children of a proposed ward;
Furthermore; the pertinent part of Section 633, Subsection (b) states unambiguously, “The
citation must cite all persons interested in the welfare of the proposed ward to appear at the time
and place stated in the notice if they wish to contest the application.”
As the court can plainly see by the attached application and a copy of the letter from Attorney
Tibbets; the adult children of the proposed ward, Mrs. Helen Rita Hale, were not properly notified of
time and place as required by law of Section 633 of the Texas Probate Code.
Once again, we adamantly contest the appointment of Linda Diane Cheatham as guardian due
to the applicant’s failure to comply with the State Laws of the Texas Probate Code and pray the court
overturns that appointment.
According to Texas Statute Section 633 (d-1); “The Applicant shall file with the Court:
(1) a copy of any notice required by Subsection (d) of this section and the proofs of delivery of
the notice; and
(2) an affidavit sworn to by the applicant or the applicant’s attorney stating:
Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com)

2. (A) That the notice was mailed as required by Subsection (d) of this section; and
(B) The name of each person to whom the notice was mailed, if the person’s name is not
shown on the proof of delivery.
It is evident by the notice received through certified mail from the applicant’s attorney that
the affidavit received by the court was not in compliance with the Texas Probate Code. Once
again, we contest the appointment of guardianship of Helen Rita Hale to Linda Diane Cheatham
and pray this appointment be revoked and overturned. We also ask the court to report this
deceptive, careless, and unlawful attempt to gain guardianship of our mother to the proper
authorities for investigation and prosecution to the fullest extent allowed by law.
Let the record speak for itself; the applicant and her attorney have hidden time and place of
proceedings from the four elder siblings in order to prevent them from contesting her
application for guardianship. Again; we pray the court revoke guardianship and ban the
applicant from seeking guardianship in the future.
The alleged “facts” stated in Section VII of the Application For Appointment Of Permanent
Guardian Of The Person And Estate are unequivocally without merit and basis in fact and are
merely an attempt to discredit and slander her sister who lives next door to her mother, Mrs.
Hale. Mrs. Jane Goings has been helping care for the general wellbeing of her parents during
Mrs. Cheatham’s absence of more than a decade; an absence due to her own outstanding debts
to Mr. and Mrs. Hale.
It is obvious to us that our mother has been manipulated, deceived, and undermined by the
applicant and we will not sit silently by and watch her be taken advantage of and controlled by
someone who apparently has lost touch with reality and sense of family.
After explaining to our mother what guardianship entails; she is vehemently opposed to the
idea of Linda Cheatham, or anyone else for that matter, having guardianship. We feel this is a
family matter that can be resolved without the court’s intervention.
Respectfully Submitted,
Edward F. Hale III
David Hale
Susan Hale Staley
Jane Hale Goings
Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com)