| (a) Texas Human Resources Code, §161.103 gives
DADS the authority to contract with an agency or a political subdivision
of the state for the provision of guardianship services.
(b) To the extent funds are appropriated by the legislature
or made available by DADS, the DADS Guardianship Services Program
contracts with one or more contractors to file an application with
the probate courts and to serve as guardian of the person or guardian
of the estate or both. The contractor must be able and willing to
serve as guardian at a cost equal to or less than the cost of providing
comparable guardianship services by the DADS Guardianship Services
Program.
(c) To be eligible for guardianship services through
a contractor, an individual must be eligible to be a ward of the DADS
Guardianship Services Program.
(d) Funding from DADS guardianship contracts is intended
to offset the contractor's cost of providing guardianship services.
A contractor must not use DADS funds for a ward's daily living expenses
or bill a ward for any other services.
(e) A contractor must comply with the requirements
in this subchapter and in Subchapters D - E of this chapter (relating
to Records Management, and Contract Monitoring and Compliance). If
a contract with the DADS Guardianship Services Program is terminated
or is not renewed, a contractor may continue providing services through
an alternate source of funds or apply to the courts to resign as
guardian and have a successor guardian appointed.
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| Source Note: The provisions of this §361.51 adopted to be effective September 1, 2006, 31 TexReg 6797; amended to be effective February 9, 2015, 40 TexReg 609; transferred effective March 15, 2022, as published in the February 25, 2022 issue of the Texas Register, 47 TexReg 983 |
