| (a) At least annually after the DADS Guardianship Services
Program's appointment as guardian for a ward, the DADS Guardianship
Services Program evaluates the status of the ward to determine if:
(1) the ward is still an incapacitated person and continues
to need a guardian;
(2) an alternate person or guardianship program is
willing, able, and suitable to serve as successor guardian;
(3) a less restrictive alternative to guardianship
is now available and the ward can be restored to capacity;
(4) a limited guardianship is appropriate and the ward
can be partially restored to capacity; or
(5) guardianship continues to effectively remedy the
issues of the ward or meet the needs of the ward.
(b) If the DADS Guardianship Services Program determines
that the ward is still an incapacitated person and an alternate guardian
can be identified, the DADS Guardianship Services Program notifies
the appropriate court with probate jurisdiction and files an application
to resign and have a successor guardian appointed.
(c) If the DADS Guardianship Services Program determines
that the ward is no longer an incapacitated person and no longer needs
a guardian, the DADS Guardianship Services Program files an application
with the court to have the ward restored to capacity. If a less restrictive
alternative is appropriate and available, the DADS Guardianship Services
Program refers the restored individual for the appropriate services.
(d) At any time, if the DADS Guardianship Services
Program becomes aware of another guardianship program or private professional
guardian who is willing, able, and suitable to serve as a ward's successor
guardian, and there is no family member or friend of the ward or other
interested person who is willing, able, and suitable to serve as guardian,
the DADS Guardianship Services Program notifies the appropriate court
with probate jurisdiction of the other guardianship program or private
professional guardian's willingness and ability to serve. DADS then
files an application to resign and have a successor guardian appointed.
(e) If the DADS Guardianship Services Program determines
guardianship does not effectively remedy the issues of the ward or
meet the needs of the ward, the DADS Guardianship Services Program
files an application to resign or close the guardianship.
|
| Source Note: The provisions of this §361.25 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 |
