Texas Guardianship Issues Biennial Report: 2000 Page: 3
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APPENDIX M-1998 Transition Plan
division to investigate alleged misconduct of staff; and (3) notifying the
probate court of any alleged misconduct.
d. Because of the potential conflict of interest issues, guardianship services
should probably not be provided in any agency that provides other services to
the same individuals. The National Guardianship Association's policy is as
follows: "For the governmental agency or corporate entity that serves as
guardian, the guardian should be a free-standing entity, have individual
decision making ability and not be subject to undue influence from any part of
the larger organization. This is especially important if the larger organization
provides services, such as housing, legal, advocacy or direct services to the
ward."
e. Some counties depend totally upon APS to supply guardians for their
incapacitated residents who do not have suitable family members or friends to
serve as guardians. Continued reliance upon the state for this service
discourages the building of the local guardianship programs that are operated
with local and private as well as state funds.
f. Local programs are funded through a variety of sources whereas state services
are almost totally dependent upon state appropriations.
* Coordination and expansion of local guardianship programs through the efforts and
advice of the Guardianship Advisory Board has resulted in the expansion or
development of local programs. This momentum can continue so that local programs
become available as an alternative to making incapacitated adults wards of the state.
This effort through HHSC should be continued, and a transition plan developed to
gradually focus state funding on local programs and to determine the appropriate state
agency to administer the funds.
* FY2000-2005 Transition: During this transition period from state to local
responsibility for and provision of guardianship services, the Guardianship Advisory
Board will examine and recommend to the 77t Texas Legislature a state
administrative structure to fund and provide oversight for the local programs. For the
initial transition period, the existing guardianship effort to increase local programs
should continue through HHSC. HHSC, PRS and the Guardianship Advisory Board
will plan for the gradual increase of local programs, and the growth of the PRS
guardianship program will be minimized.3
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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/m1/86/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.