Youth has guardianship because she has lost all family. Went to get DL, and was told that she must take a competency exam.

Does anyone know anything about this? I could see it if the court's order declared her incompetent, but it doesn't - hers was simply a matter of age? What can she do?

Lisa L. Peterson
Nolan County Attorney

I am puzzled: Tex. Trans. Code sec.521.145 states that a person under 18 years of age who has a guardian merely needs the consent of the guardian to grant consent for the purpose of obtaining an operator's permit.

That's what I thought. I think that, as these guardianships and probates are going into DPS records, some juvenile guardianships are getting keyed as incompetencies.

So - how do we rectify it?

Lisa L. Peterson
Nolan County Attorney

Given your small county, it might be easier simply to get a court order, amending the guardianship order to clarify that there is no issue of incapacity save for the disabilities of minority...On the other hand, if DPS only wants a physician's statement that might be equally easy to obtain in Sweetwater....

thank you; I feel sorry for those in larger counties!

Lisa L. Peterson
Nolan County Attorney

Lisa, if you are still having trouble, email me and I will put you in touch with one of our two DL attorneys.

Janette A