Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 361 - GUARDIANSHIP SERVICES
Subchapter B - ELIGIBILITY AND ASSESSMENT OF INDIVIDUALS FOR GUARDIANSHIP SERVICES
Section 361.25 - Annual Review of a Ward's Status
Current through Reg. 49, No. 38; September 20, 2024
(a) At least annually after the DADS Guardianship Services Program's appointment as guardian for a ward, the DADS Guardianship Services Program evaluates the status of the ward to determine if:
(b) If the DADS Guardianship Services Program determines that the ward is still an incapacitated person and an alternate guardian can be identified, the DADS Guardianship Services Program notifies the appropriate court with probate jurisdiction and files an application to resign and have a successor guardian appointed.
(c) If the DADS Guardianship Services Program determines that the ward is no longer an incapacitated person and no longer needs a guardian, the DADS Guardianship Services Program files an application with the court to have the ward restored to capacity. If a less restrictive alternative is appropriate and available, the DADS Guardianship Services Program refers the restored individual for the appropriate services.
(d) At any time, if the DADS Guardianship Services Program becomes aware of another guardianship program or private professional guardian who is willing, able, and suitable to serve as a ward's successor guardian, and there is no family member or friend of the ward or other interested person who is willing, able, and suitable to serve as guardian, the DADS Guardianship Services Program notifies the appropriate court with probate jurisdiction of the other guardianship program or private professional guardian's willingness and ability to serve. DADS then files an application to resign and have a successor guardian appointed.
(e) If the DADS Guardianship Services Program determines guardianship does not effectively remedy the issues of the ward or meet the needs of the ward, the DADS Guardianship Services Program files an application to resign or close the guardianship.
