SECTION 361.51. Guardianship Contracts

(a) Texas Human Resources Code, §161.103 gives DADS the authority to contract with an agency or a political subdivision of the state for the provision of guardianship services.

(b) To the extent funds are appropriated by the legislature or made available by DADS, the DADS Guardianship Services Program contracts with one or more contractors to file an application with the probate courts and to serve as guardian of the person or guardian of the estate or both. The contractor must be able and willing to serve as guardian at a cost equal to or less than the cost of providing comparable guardianship services by the DADS Guardianship Services Program.

(c) To be eligible for guardianship services through a contractor, an individual must be eligible to be a ward of the DADS Guardianship Services Program.

(d) Funding from DADS guardianship contracts is intended to offset the contractor's cost of providing guardianship services. A contractor must not use DADS funds for a ward's daily living expenses or bill a ward for any other services.

(e) A contractor must comply with the requirements in this subchapter and in Subchapters D - E of this chapter (relating to Records Management, and Contract Monitoring and Compliance). If a contract with the DADS Guardianship Services Program is terminated or is not renewed, a contractor may continue providing services through an alternate source of funds or apply to the courts to resign as guardian and have a successor guardian appointed.

Source Note: The provisions of this §361.51 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