Guardianship Services Handbook

Appendix XIII
Court Requests and Requests From Sources Other Than DFPS or the Courts

Revision 14-2; Effective January 14, 2014

Court Requests

Occasionally a court may initiate appointment of DADS as guardian of a person for whom DADS has not filed for guardianship. In this case the guardianship supervisor and the GS follow procedures found in Section 2700, Assessing Requests from a Court.

Under HRC §161.101, the Department of Aging and Disability Services (DADS) provides guardianship services to individuals who are referred for services by the Department of Family Protective Services (DFPS) or by a court if the individual was referred directly to the court by DFPS. DADS may not be appointed guardian of any other individual unless DADS agrees to serve that person.

HRC §161.101, and 161.101(d)
40 TAC §§ 10.101 – 10.203

Requests From Sources Other Than DFPS or the Court

Guardianship staff occasionally receive notifications from hospitals, nursing facilities or other residential facilities as well as the general public alleging that an incapacitated elderly person or adult with a disability is unable to consent to medical treatment. DADS refers all such callers to the DFPS SWI number so that APS can determine if the required criteria is met for an intake, investigation, and possible referral to the guardianship program.

Guardianship staff shall refer callers (such as hospitals, residential facilities, or members of the general public), who allege that an individual (i.e., elderly person or an adult with a disability, or an individual who cannot be identified, etc.), is in need of a guardian to APS or other persons or entities, depending on the facts.

If any guardianship staff person receives a call from a source other than APS, CPS, or a court alleging that an elderly person or an adult with a disability is in a state of abuse, neglect, or exploitation and the person needs a guardian, he or she refers the caller to the DFPS Statewide Intake (SWI) at 1-(800) 252-5400.

If the caller does not allege abuse, neglect, or exploitation of an elderly person or adult with a disability, guardianship staff provides information about other resources or other guardianship programs available in the community.