Rule 7.3 - Responsibilities of Certified Guardians; Reporting Requirements(a) Standards and Rules. A certified guardian must comply with these rules and with the Code of Ethics and Minimum Standards for Guardianship Services adopted by the Commission.(b) Notice to Commission and Courts. A certified guardian must immediately notify the Commission and all courts in which the guardian is serving if: (1) the guardian is indicted for, formally charged with, adjudged guilty of, or enters a plea of no contest in return for a grant of deferred adjudication with respect to any felony or misdemeanor offense;(2) any proceeding listed in Rule 7.2(b)(7) is initiated;(3) events or circumstances would require any changes to the attestation required by Rule 7.2(b)(7); or(4) the guardian is removed as a guardian under Chapter 1203 of the Estates Code.(c) Notice from Commission. If the Commission receives notice of any of the items in (b) in any manner other than from the certified guardian, the Director will contact the certified guardian regarding the notice by first class mail. Notice from the Director on behalf of the Commission is deemed given when sent to the certified guardian at the last home address on file in the Commission's records.(d) Documents filed with court. Each document prepared by or on behalf of a certified guardian and filed with a court must include the certified guardian's certification number.(e) Not later than January 31 of each year, each guardianship program must provide to the Commission the following information for the preceding year: (1) the number of wards served by the guardianship program reported by county in which the application to create a guardianship for the ward was filed, and the total number of wards served by the guardianship program;(2) the name, business address, and business telephone number of each individual employed by or volunteering or contracting with the guardianship program to provide guardianship services to a ward or proposed ward of the program;(3) the name of each county in which an individual described in (e)(2) provides or is authorized to provide guardianship services;(4) the total amount of money received from the State of Texas for the provision of guardianship services; and(5) the amount of money received from any other public source, including a county or the federal government, for the provision of guardianship services, reported by source, and the total amount of money received from those public sources.(f) Not later than January 31 of each year, each private professional guardian must provide to the Commission the following information for the preceding year: (1) the number of wards served by the private professional guardian reported by county in which the application to create a guardianship for a ward was filed and the total number of wards served by the private professional guardian, including the name of each ward and the docket number and court having jurisdiction of the guardianship;(2) the aggregate fair market value of the property of all wards that was managed by the private professional guardian;(3) the name, business address, and business telephone number of each individual who provided guardianship services to a ward of a private professional guardian on behalf of the private professional guardian;(4) the total amount of money received from the State of Texas for the provision of guardianship services;(5) the amount of money received from any other public source, including a county or the federal government, for the provision of guardianship services, reported by source, and the total amount of money received from those public sources;(6) whether the private professional guardian was removed as a guardian by the court or resigned as a guardian in a particular case, and, if so, a description of the circumstances causing the removal or resignation, the style of the suit the docket number and the court having jurisdiction over the proceeding;(7) reaffirmation of Rule 7.2(b)(6) and (7); and(8) a copy of the private professional guardian's application for a certificate of registration with each county clerk required by Section 1104.302 of the Estates Code.(g) Not later than January 31 of each year. the Health and Human Services Commission Office of Guardianship must provide to the Commission a statement containing: (1) the name, address. and telephone number of each employee who is or will be providing guardianship services to a ward or proposed ward on behalf of the Office of Guardianship;(2) the name of each county in which each employee named in (1) is providing or is authorized to provide those services; and(3) the total number of wards who receive guardianship services from the Office of Guardianship.(h) Information that must be submitted under (e), (f), and (g) must be submitted on appropriate forms and in the manner determined by the Commission.Tex. R. Judi. Cert. Commi. 7.3
Amended effective 4/12/2018 immediately.