SECTION 381.101. Duties

The Guardianship Advisory Board is not subject to the provisions of sections 2110.002 and 2110.008, Government Code, Civil Statutes. The Guardianship Advisory Board is appointed in accordance with this subchapter to advise HHSC concerning its administration of the provisions of chapter 531, subchapter D, Government Code, and this chapter, including the following:

(1) the adoption of minimum standards for the provisions of guardianship and related services;

(2) development and, subject to appropriations, implementation of a plan to ensure that each incapacitated person in Texas who needs guardianship or a less restrictive form of assistance to make decisions concerning the person's welfare receives necessary and appropriate assistance;

(3) the development and award of grants for the establishment of local guardianship programs in accordance with the provisions of subchapter C of this chapter;

(4) develop a proposal for a statewide guardianship program and advise HHSC and the Texas Department of Regulatory and Protective Services with regard to the program;

(5) review the guardianship policies of each health and human services agency and recommend changes to HHSC that the Guardianship Advisory Board considers necessary or advisable;

(6) prepare an annual report for submission to the Governor, Lieutenant Governor, Speaker of the House of Representatives, HHSC, and the Texas Department of Protective and Regulatory Services regarding its recommendations under paragraphs (4) and (5) of this section; and

(7) annually review and comment on the minimum standards adopted by HHSC for the provision of guardianship and related services and any plan implemented by HHSC to ensure that incapacitated persons who need guardianship services receive necessary and appropriate assistance.

Source Note: The provisions of this §381.101 adopted to be effective August 30, 1998, 23 TexReg 8665; amended to be effective August 20, 2000, 25 TexReg 7630