Rule 7.2 - Requirement of Certification(a) To provide guardianship services in this State, the following individuals must be certified by the Commission: (1) an individual who is a private professional guardian;(2) an individual who will provide those services to a ward of a private professional guardian or to a ward of an attorney who is appointed guardian on the guardian's behalf;(3) an individual who will supervise the provision of those services to a ward of a guardianship program;(4) an individual who will provide or supervise the direct provision of those services to a ward on behalf of the Health and Human Services Commission Office of Guardianship; and(5) a person who at any time supervises direct providers of guardianship services, unless the person is an attorney or corporate fiduciary exempt under Section 155.001(6) of the Government Code.(b) To be eligible for certification, a person must:(1) satisfy the requirements of Section 3.0 of these rules;(2) be at least 21 years of age;(3) be a high school graduate or possess the GED equivalent;(4) satisfy the requirements of (A), (B), or (C) below:(A) have two years of relevant work experience related to guardianship;(B) have met the following education or training requirements:(i) a minimum of a bachelor's degree conferred by a college or university accredited by an organization recognized by the Texas Higher Education Coordinating Board in a field related to guardianship; or(ii) completion of a course curriculum or training specifically related to guardianship approved by the Commission;(C) have 1 year of work experience related to guardianship and completion of a course curriculum or training specifically related to guardianship approved by the Commission;(5) successfully obtain a minimum score of 75 in the 2 hours allotted to complete the exam, subject to reasonable accommodation under Rule 3.9, after no more than exam attempts, on an examination approved by the Commission that covers Texas law and procedure related to guardianship and pass any other examination required and approved by the Commission testing knowledge of guardianship issues;(6) attest under penalty of perjury whether he or she has ever been adjudged guilty of, or entered a plea of guilty or no contest in return for a grant of deferred adjudication with respect to, any felony or misdemeanor offense, which will be considered using the factors listed in Rule 3.5; (7) attest under penalty of perjury whether he or she: (A) has ever been relieved of responsibilities as a guardian or fiduciary by a court, employer, or client for actions involving fraud, moral turpitude, misrepresentation, material omission, misappropriation, theft, assault, battery, abuse, neglect, breach of trust, breach of fiduciary duty, or conversion;(B) has ever been found civilly liable or settled a claim in an action, including but not limited to a surcharge action, that involved allegations of fraud, misrepresentation, material omission, misappropriation, theft, assault, battery, abuse, neglect, breach of trust, breach of fiduciary duty, or conversion on the applicant's part;(C) has ever been denied certification or had his or her certification revoked or suspended in Texas or any other jurisdiction that requires certification, registration, or licensure to provide guardianship services; or(D) has ever surrendered his or her certification in Texas or any other jurisdiction that requires certification, registration, or licensure to provide guardianship certification; and(8) complete the online training available on the Commission's website under Rule 10.3.(c) If any of the circumstances described in (b)(6) or (7) exist, the applicant must describe the circumstances with particularity and provide any related documentation requested by the Commission.(d) Examination.(1) An individual who has failed the exam four times is not eligible for certification unless the individual petitions the Commission in writing for permission to take the exam again. The petition must set out in detail all facts that support the request, demonstrate that the individual has completed all other requirements for certification except for passing the exam, and demonstrate that no other impediments to certification exist.(2) The Commission must consider the petition at its next regularly scheduled meeting and determine, without a formal hearing, whether permission to take the exam again will be granted or denied. The Commission may impose conditions to granting permission, including requiring the petitioner to provide additional information or complete specified continuing education prior to taking the exam again. If an individual fails or refuses to strictly and completely comply with the conditions specified by the Commission, permission to take the exam again will be denied. (3) An individual may petition the Commission only one time for permission to take the exam following four unsuccessful attempts. An individual who is granted permission to take the exam again and who fails the exam again is not eligible for certification. If the Commission denies permission to take the exam again, the individual is not eligible for certification.(4) The decision of the Commission is final and is not subject to appeal, reconsideration, or any further action.(e) Notwithstanding Rule 7.2(a), an individual who must be certified but does not meet the requirements for certification under Rule 7.2(b) may provide guardianship services in this State if the person obtains provisional certification pursuant to Rule 7.4.(f) Notwithstanding any other provision of these rules:(1) pursuant to Section 1104.253 of the Estates Code, a family member or friend of an incapacitated person is not required to be certified under these rules to serve as the person's guardian; and(2) an employee of the United States Department of Veterans Affairs appointed to serve as a guardian for an incapacitated person is not required to be certified under these rules to serve as the person's guardian.(g) A certified guardian may use the designation "TxCG" to indicate that the guardian is certified by the Commission. Provisionally certified guardians may not use such designation.Tex. R. Judi. Cert. Commi. 7.2
Amended effective 4/12/2018 immediately; amended effective 6/16/2020; amended effective 9/1/2021; amended effective 11/17/2023.