- Guardian of the Person - Has authority to make medical, housing
and all other personal decisions.
- Guardian of the Estate - Has the authority to make financial decisions
only.
- Guardian of the Estate and Person - Has the authority to make medical,
housing and financial decisions.
In Travis County, the Probate Court is the legal entity that makes
guardianship decisions. Generally, family members serve as guardians.
However, in cases where a family member or other individual is not available
to serve, the Texas Department
of Protective and Regulatory Services - Adult
Protective Services Division (APS), a local attorney, or the local
guardianship program may be appointed to serve. In 1997, statewide there
were 5,000 applications for guardianship (includes non-elderly). Of
those, 18% did not have family members who could serve as guardians
(Texas Health and
Human Services Commission, 1999). In Travis County, for persons
who are indigent or have no family or friends to serve, Family Eldercare
can be appointed the legal guardian. Family
Eldercare finds volunteers to serve on its behalf to act as guardian
for specific individuals (Email from Joyce Haight, Program Director
of Family Eldercare, October 2, 2000).
An individual may specify in advance of the need for a guardian who
should and should not be appointed as guardian if and when the need
arises. This is called Designation of Guardian before Need Arises (Legal
Hotline, 1999).
Significant barriers to guardianship exist. It costs approximately
$1,700 to hire an attorney and pay court costs when applying for guardianship,
a cost that is prohibitive for many people. In the absence of family
or friends to apply for guardianship, an individual in need may be left
open to abuse or exploitation. Isolated individuals may have no one
to advocate for them.
Money Management or Representative Payee programs can be used as an
alternative to guardianship and are a way to prevent financial exploitation.
These services are necessary when an individual is no longer able to
properly manage his/her own financial affairs but is not entirely incapacitated.
Social Security, Veteran's benefits, and Railroad Retirement are examples
of benefits that may be managed by a Representative Payee (RP). All
other income, such as rental income or pensions, requires a Power of
Attorney or Guardianship to be controlled by an RP. (Legal Hotline,
1999; Email from Joyce Haight, Program Director of Family Eldercare,
October 2, 2000). In Travis County, Family Eldercare operates the local
money management program. This agency also has a Bill Payer program
under which clients voluntarily provide access to bank records, bills,
and other financial information. However, Family
Eldercare does not have the right to control funds or sign on accounts.
The purpose of the program is to help individuals pay bills and manage
finances without official RP designation.
RETURN
TO TOP
CURRENT
EFFORTS
As mentioned, there is one money management and one guardianship program
serving the Austin Travis County population. At this time, the money
management program is providing services to 74 individuals with 11 waiting
for services. The guardianship program is serving 226 people and has
22 people on the waiting list. Both programs use volunteers to provide
money management and guardianship services to individuals in need. Beginning
this year, Family Eldercare will be the first program in the nation
to pilot the use of on line banking to make money management easier
and more efficient.
Another resource for older adults is the Legal Hotline for Older Texans.
This organization produces a number of publications explaining the various
legal documents that are of benefit to older adults and their families.
Additionally, this hotline offers referral to attorneys around the state
who can provide advice and assist in preparing legal documents. In total,
four programs in the area provide legal counseling and referral. Additionally,
the Area Agency on Aging provides benefit counseling to older adults.
This program served 344 people in 1999. Lastly, the Office
of the Attorney General of Texas operates an elderlaw program that
addresses consumer complaints and represents cases brought by the
Texas Department of Human Services.
The State of Texas, under the auspices of the Texas
Guardianship Alliance Board, is developing statewide standards for
guardianship programs to ensure that all individuals are afforded equal
protection and quality services. (For more information on Current
Efforts, see Appendix A.)
Table 13.
Findings and Recommendations
