SECTION 381.2. Definitions

The following definitions are used throughout this chapter:

(1) Alliance Director--The individual appointed by HHSC whose duties include serving as executive officer of the Guardianship Alliance of Texas, coordinator for the Guardianship Advisory Board, and liaison between the Guardianship Advisory Board and HHSC.

(2) Guardian--A person, corporation or guardianship program is appointed guardian of an incapacitated person under section 693, Probate Code, or a temporary or successor guardian. Except as expressly provided otherwise, "guardian" includes the guardian of the estate and the guardian of the person of an incapacitated person.

(3) Guardianship--The legal process by which a court appoints a guardian to make housing, medical and/or financial decisions for an incapacitated person.

(4) Guardianship Advisory Board--The 15 member advisory group established pursuant to section 531.122, Government Code, to advise HHSC regarding the implementation of chapter 531, subchapter D, Government Code.

(5) Guardianship Alliance of Texas--The title selected by HHSC with the advice of the Guardianship Advisory Board for the plan to ensure that each incapacitated individual in Texas who needs a guardianship or a less restrictive type of assistance to make decisions concerning the incapacitated person's own welfare and financial affairs receives that assistance.

(6) Incapacitated person--

(A) a minor;

(B) an adult individual who, because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter for himself or herself, to care for the individual's own physical health, or to manage the individual's own financial affairs; or

(C) a person who must have a guardian appointed to receive funds due the person from any governmental source.

(7) Local guardianship center--An entity in the state that provides guardianship and related services to an incapacitated person or other person who needs assistance in making decisions concerning the person's own welfare or financial affairs.

(8) Local guardianship program--Any local, county or regional program in this state that provides guardianship and related services to an incapacitated person or other person who needs assistance in making decisions concerning the person's own welfare or financial affairs.

(9) Statutory probate court--A statutory court whose jurisdiction is limited by statute to the general jurisdiction of a probate court and a court whose statutorily designated name contains the word "probate." County courts at law exercising probate jurisdiction are not statutory probate courts under this chapter unless the statutorily designated name of the county courts at law includes the word "probate."

Source Note: The provisions of this §381.2 adopted to be effective August 30, 1998, 23 TexReg 8665; amended to be effective August 20, 2000, 25 TexReg 7630