I have a hearing coming up for App. for Temp. Guardianship for Adult Protective Services.
2 of the proposed ward's sons are in TDC and, after having been served with notice of the hearing,have filed a "motion for bench warrant" to compel the judge to issue a bench warrant so they can get out of jail for a day and attend the hearing. Do they have a right to be at the hearing via a bench warrant? They obviously can't qualify as guardian and proper notice was issued. I suspect it is just a ploy to get a day or 2 away from TDC, and maybe see other family felons.

The real question is their necessity in the hearing. Since any deprivation they may suffer as a result of the hearing will be minimal, and ancillary (having someone else in charge of dad's property), perhaps it would be possible to set up their attendance by telephone.

Thanks....I have been visiting with the adlitem and maybe we can agree to allow a written statement to be presented or telephone input. I just didn't want to deal with the onslaught of prison writs and motions if the guy was not allowed to participate and, I didn't want to have to go to Huntsville and bring him back either!

Although the following citations are to case concerning bench warrants in CPS cases, they may be of some assistance to you.

Boulden v. Boulden, 133 S.W.3d 884 (Tex.App.--Dallas 2004).

In the Interest of Z.L.T., 124 S.W.3d 163 (Tex. 2003).

In the Interest of J.D.S., 111 S.W.3d 324 (Tex.App.--Texarkana 2003).

Good luck.