Texas Guardianship Issues Biennial Report: 2000 Page: ATTACHMENT
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APPENDIX B
ARTICLE VIII
CONFLICTS OF INTEREST OR ETHICAL VIOLATIONS
A conflict of interest may exist where a representative is directly or indirectly a party to a
transaction if the other part to the transaction is an entity in which the representative has a
material financial interest of which the representative is a director, officer or general
partner. Where possible conflicts of interest exist relative to any matter presented to the
Guardianship Advisory Board for consideration, the representative thereby affected shall
ensure that the materials of the transaction are known or disclosed to the representatives
who authorize, approve or ratify the transaction. Where the Chair of the Board finds that
a conflict of interest exists, the affected representative will not vote on the matter.
Participation in discussions on the matter is at the discretion of the Chair of the Board.
The presence of a representative who is directly or indirectly a party to a transaction, or a
representative who is otherwise not disinterested, shall be counted in determining
whether a quorum is present, but shall not be counted when the Board takes action on the
transaction. If any representative, or other interested party, believes that a representative
has an ongoing conflict of interest in serving on the Guardianship Advisory Board, or that
a representative has made an ethical violation pertaining to the representative's service on
the Board, the accusing representative or interested party shall contact in writing the
presiding judge of the Statutory Probate Courts who shall investigate such allegations
within a reasonable time and send a written report of the findings of the investigation to
the Chair of the Board. If the presiding judge of the Statutory Probate Courts had a vote
in the appointment of-the representative, the vice-presiding judge of the Statutory Probate
Courts shall investigate such allegations and report such findings to the Chair of the
Board. If the Chair of the Board is the alleged perpetrator, the presiding judge or vice-
presiding judge of the Statutory Probate Courts shall report the findings of the
investigation to the Vice-Chair of the Board. The presiding judge of the Statutory
Probate Courts has the authority to set rules regarding the dismissal of representatives for
ongoing conflicts of interest or ethical violations.
ARTICLE IX
RESPONSIBILITIES OF MEMBERS
Guardianship Advisory Board representatives are expected to perform the following
tasks:
1. maintain a broad perspective that takes the needs of all incapacitated persons,
guardianship programs, state agencies and local courts into consideration;
2. review agendas and other information sent by the Guardianship Alliance Director
prior to the meetings and participate in discussions at meetings;
3. participate in developing a statewide guardianship plan and review and comment on
guardianship policies of all health and human service agencies and recommend
changes to the policies;
4. make contact with local courts, local and regional guardianship program staff,
advocates, interest groups, and others, as appropriate, to discuss guardianship and less
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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/m1/45/: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.