In January 2022, Elvie Kingston’s dementia worsened, and she was declared partially incapacitated. She signed legal documents removing her family’s decision-making rights regarding her health and finances, leaving those powers mostly with Texas Supreme Court Justice John Devine and his wife.
Devine, a longtime conservative activist, has described his relationship with Kingston as familial and loving, but legal experts argue that his control of Kingston’s trust violates Texas ethics rules. Devine’s involvement in high-profile lawsuits and controversial statements have raised concerns about his impartiality.
Kingston, a prominent figure in Houston-area GOP circles, had named Devine as the sole trustee of her trust in 2007, with her niece Hartman as the backup trustee. However, around 2016, Kingston’s friends noticed a strained relationship between her and the Devines, prompting Kingston to consider changes to her estate plan to remove Devine as trustee.
While Kingston’s friends and niece expressed concerns about Devine’s influence over her affairs, leaked documents showed that Kingston explored options to replace Devine as trustee in 2018. Kingston’s deteriorating mental health and disputes over her care led to a legal battle involving allegations of abuse and exploitation.
In 2021, Kingston’s health declined rapidly due to severe COVID-19 complications, leading to her placement in a long-term care facility. Disagreements over her care escalated, culminating in Kingston signing documents to revoke her niece’s decision-making authority and appointing Devine’s wife, Nubia Devine, as her guardian.
Nubia Devine’s role as Kingston’s guardian raised objections from Kingston’s niece and others, who questioned her suitability and advocated for a neutral third party. Despite some positive reports about Nubia Devine’s care for Kingston, concerns about Devine’s trusteeship and Kingston’s isolation from friends and family persisted.
In September 2022, Nubia Devine was named Kingston’s permanent guardian, and John Devine remained as trustee after an emergency court application. Devine defended his involvement in Kingston’s affairs, highlighting her teachings on caring for the vulnerable and emphasizing his family’s support for her.
However, recent updates indicate that Kingston’s need for physical care has increased, leading to her relocation to a facility in Williamson County. Kingston’s friends and relatives have expressed frustration over their inability to contact or visit her, raising suspicions about the restrictions on access to Kingston.
The complex legal and ethical issues surrounding Kingston’s guardianship and trust underscore the challenges faced by individuals with incapacities and the importance of transparency and accountability in such cases. As the situation continues to evolve, scrutiny over the handling of Kingston’s affairs remains a topic of ongoing concern for those involved and the broader community.