| (a) As described in §411.61 of this title, (relating
to Memorandum of Understanding Concerning Capacity Assessment for
Self Care and Financial Management) a program provider must perform
a capacity assessment for an individual receiving services from that
program provider if the program provider:
(1) believes a guardian of the person or the estate
for that individual may be appropriate and a referral to the appropriate
court for guardianship is anticipated; or
(2) is directed to do so by a court.
(b) In conducting the capacity assessment, the program
provider must use the Capacity Assessment for Self Care and Financial
Management. Copies of this assessment may be obtained by contacting
the Office of Policy Development, Texas Department of Mental Health
and Mental Retardation, 909 West 45th Street, Austin, Texas, 78756,
512/206-4516, or from the Texas Department of Human Services Long
Term Care Policy web site at www.dhs.state.tx.us.
(c) The capacity assessment must be performed by the
professional designated by the IDT with assistance from other staff
or consultants as requested by the professional or directed by the
IDT.
|
| Source Note: The provisions of this §261.224 adopted to be effective September 1, 2001, 26 TexReg 5384; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127 |
