SECTION 381.345. Less Restrictive Alternatives to Guardianship  


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  • (a) A guardianship program will protect the rights and autonomy of clients and potential clients by promoting the use of less restrictive alternatives to guardianship whenever such alternatives are in the best interests of the client or potential client.

    (b) When a guardianship program believes that a less restrictive alternative to guardianship is in the best interests of the client, the guardianship program will either offer these alternatives or refer potential clients to other programs that offer these alternatives.

    (c) A guardianship program will advocate for the best interests of a potential client to insure that a court:

    (1) grants the guardian only those powers necessary to protect the health, safety, and resources of a potential client; and

    (2) limits a potential client's rights only to the extent necessary to protect the health, safety, and resources of a potential client.

Source Note: The provisions of this §381.345 adopted to be effective November 21, 2002, 27 TexReg 10719