Texas Guardianship Issues Biennial Report: 2000 Page: 28
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One significant reason for this increase may be due to the fact that Courts and
Clerks have become more familiar with these annual surveys requesting
information. Courts and Clerks are beginning to keep a more accurate count of
the existing guardianship cases that they supervise and a more accurate count of
the guardianship cases that are filed each year.
However, the Board still continues to hear from Courts that they do not have an
accurate count of the guardianship cases that they must supervise because they
lack the staff to go through the numerous files to determine whether wards under
guardianship are still living or have died. If courts do not know this basic
information, Courts are unable to track when annual reports and accounts of
guardians of the person and/or of the estate are due in order to ascertain whether
guardians are properly caring for their wards and/or the.
SUMMARY OF JUDGES' SURVEY RESULTS
A significant finding as a result of the judges' surveys stresses the fact that Judges
know the right individuals or groups in the community needed to contact to start
such programs. This is because only a Judge with guardianship jurisdiction may
appoint a guardian, and the Judges are acutely aware of the essential services
required in those local communities. A local guardianship program cannot be
successful unless the Judge approves of and supports the program. Local Judges
were instrumental in the creation of new local guardianship programs in Hood and
Jefferson Counties in 2000.
Programs submitting proposals in response to the HHSC Alliance grant RFP are
required as part of the process to contact the Judge with guardianship jurisdiction
in the county or counties where services will be delivered. The programs must
obtain a letter from a Judge stating that the Judge supports the establishment or
expansion of the program and attach this letter of support to the proposal.
Another result of these surveys demonstrate the need for local guardianship
programs and show that more Judges are becoming aware of this need. The Board
is convinced that local judicial support and increased funding is key to the
development of new local guardianship programs across the State.
Guardianships are concerned with a balancing of fundamental civil rights of liberty
and property possessed by each and every individual. Every effort must be made
to achieve statewide uniformity in this balancing process.
> RECOMMENDED LEGISLATIVE ACTIONS TO ADDRESS
COURT AND COST BARRIERS IN GUARDIANSHIPS
1. Allow Courts to Pay Family Member or Friend Applicant's Attorney
Fees from Budgeted County Funds for Indigent Incapacitated Individuals.28
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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/m1/34/: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.