- 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
