Texas Guardianship Issues Biennial Report: 2000 Page: 8
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approximately 16% of the population in Texas will be age 65 and over. This is
an increase of 62.5% in the age 65 and older population in the state of Texas.
The fasted growing part of this population will be in the 85+-population group.
Due to the projected increase in individuals in the 65+ population age group
with age related conditions such as Alzheimer's disease and dementia, a
number of these individuals will require the appointment of a guardian or less
restrictive alternative to guardianship such as a money manager.
3. Lack of Quality Treatment for Nursing Home Residents
The U. S. Senate has conducted a series of hearings in 2000 in order to
investigate the poor quality and quantity of care received by many nursing
home residents throughout the country.
Government inspectors have reported finding malnourished and physically
abused residents in many facilities. Many of these residents are incapacitated
to the extent that they are unable to effectively communicate with others as to
their situations or preferences. Many of these individuals may require the
appointment of guardians to act as advocates on their behalf, and to move them
to more appropriate community housing or residential facilities. Some of these
individuals lack family members or friends to act as their guardian if the
appointment of a guardian is found to be appropriate after an assessment of
their capacity has been carried out.
4. Number of Incapacitated Individuals without Guardians
A continuing significant and complicated factor in the development of a
statewide guardianship system is the unknown number of incapacitated
individuals in Texas without access to needed guardianship or less restrictive
services.
Many of these individuals lack family or friends without a significant interest
in their well being, or possess family or friends who are unable to qualify as
guardian and/or lack the funds to file a guardianship application on behalf of
these incapacitated persons with the courts.
5. Increased Legal Costs of Guardianships
The costs of obtaining a guardianship for an incapacitated individual in Texas
continue to escalate. Various court costs associated with guardianship Court
proceedings vary from county to county, but average at least $2,000 for a
guardianship of the person only in which no property is owned by ward.
Many of the family and friends of incapacitated individuals themselves have
few resources and therefore find it impossible to undertake the establishment of
a guardianship.
The Board's collective experience in guardianship matters leads the Board to
believe that a large number of incapacitated individuals in Texas are not8
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Guardianship Alliance of Texas. Texas Guardianship Issues Biennial Report: 2000, report, December 1, 2000; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1544020/m1/14/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.