Texas Guardianship Issues Biennial Report: 2000 Page: 11
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HHSC Guardianship Advisory Board LAR for FY 2002-2003
Texas Health and Human Services Commission
Fiscal Impact Analysis for Key Legislative Funding Issues
I. Issue Summary: Increased Funding for HHSC Guardianship Alliance in Order
to Provide More Guardianships for Incapacitated Individuals
Increased funding for guardianship grants is essential. The Guardianship Alliance and APS
have identified the following six HHSC regions of the state, Regions 1, 2, 6(rural), 4, 5, and
11- as areas that either have no existing local guardianship programs or areas in which the
need for guardianships for incapacitated individuals exceed the ability of the local APS staff
to provide all the necessary guardianships in a community.
Several significant issues are involved in the increased need for guardianships in the state of
Texas at this time. The assessment of individuals in nursing homes, state schools, and state
hospitals as mandated by the United State Supreme Court decision in Olmstead is predicted
to increase the numbers of individuals who will require guardianships. The numbers of both
aging and/or disabled Texans is increasing. More incapacitated individuals are residing in
the community in HSC housing. More state Judges are aware of and support the
establishment of guardianships programs in their counties.
Guardianship programs have demonstrated a need for seed money and for money to support
new programs for a minimum of two years. Increased funding for grants would provide
funding for law school programs that provide guardianship services to individuals and
families in local communities, grants to encourage pro bono programs to provide legal
representation in guardianship proceedings, and funding to counties to support guardianship
services. The increase in guardianship program funding will require two additional support
staff FTE's. These staff positions are (1) a Qualitative Analyst, and (2) an Administrative
Technician. These positions are essential in the development of a statewide network of
guardianship programs as systems must be in place to assure adequate monitoring of the
grant funding and programs. Staff is necessary to make site visits to all grant recipients to
conduct training, to provide technical assistance, and to carry out audits of the programs.
II. Assumptions Used to Determine Fiscal Impact
2 additional FTE's based in Austin, one QA and one administrative technician
1 FTE - director of Guardianship Alliance (present staff member)
Assume statewide travel for director and technician to provide technical assistance to
guardianship programs with a number of overnight stays.
Laptop computers11
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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/m1/17/: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.