SECTION 358.439. Guardianship Fee

In determining the co-payment for a person receiving services in an institutional setting, the Texas Health and Human Services Commission (HHSC) may deduct a guardianship fee, if any, up to an amount set by the court, from the person's total countable income.

(1) The deduction is limited to guardianship-related costs and fees, subject to the limitations of §32.02451 of the Texas Human Resources Code, Section 670 of the Texas Probate Code, and this section, as determined by HHSC.

(2) HHSC deducts the guardianship-related costs and fees from total countable income after deducting the personal needs allowance, but before deducting any other allowances.

(3) The deduction is effective the later of:

(A) the month the judge signs the court order awarding guardianship-related costs and fees;

(B) the first month of eligibility for which the person has a co-payment; or

(C) the first day of the month that the applicant or recipient provides HHSC with a copy of the court order awarding the guardianship-related costs and fees.

(4) HHSC does not deduct any amount of guardianship-related costs and fees awarded before the date the court order was signed. The deduction is prospective only.

(5) HHSC does not deduct a guardianship establishment fee unless a new guardian is named in the most recent court order.

(6) HHSC does not deduct any guardianship-related costs and fees ordered after the recipient has died.

(7) To receive the deduction, an applicant or recipient must provide a copy of the court order to HHSC no later than the date specified by HHSC. No deduction will be given until the applicant or recipient provides HHSC with a copy of the court order awarding the guardianship-related costs and fees by submitting the court order as specified by HHSC.

(8) The deduction authorized by this section is limited to a guardianship of the person. No deductions are allowed for any other type of guardianship.

Source Note: The provisions of this §358.439 adopted to be effective September 1, 2009, 34 TexReg 5497; amended to be effective March 8, 2012, 37 TexReg 1496