SECTION 361.25. Annual Review of a Ward's Status

(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