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FAQ
Family Eldercare’s Guardianship Program Summary
Q: What is the agency’s philosophy in providing the service?
A: Guardianship is considered the “final safety net.” It is the most protective form of assistance available to the elderly and people with disabilities and is resorted to only after other means of handling the situation are exhausted.
A guardianship allows for an incapacitated, vulnerable elder or adult with a disability to be removed from abusive or neglectful situation to a safe environment where all of his or her basic needs (food, shelter, medical care, etc.) can be met. It also provides an involved advocate for and elderly or disabled adult who is incapable of speaking for his or herself and ensuring that he or she is provided quality care with respect for his or her individual dignity.
Q: Why is there a need for Guardianship services provided by Organizations/professionals?
A: To prevent abuse, Neglect, and Exploitation of the elderly and adults with Disabilities. The population of elderly adults and adults with disabilities is growing. Self neglect occurs frequently when a person becomes increasingly incapacitated. Many do not have involved family or friends. Also, the nature of the perpetrators of abuse requires community intervention for this problem.
Related Statistics:
In 2003 APS validated 1,475 cases of abuse, neglect and exploitation of elderly persons and adults with disabilities in Travis County. This means that 69% of the 2,148 cases reported were validated. The nature of the perpetrators of abuse required community intervention for this problem. Family members are overwhelmingly the likely perpetrators of abuse, neglect, or exploitation. APS statistics for 2003 show that perpetrators of abuse, neglect and exploitation are most frequently Adult Children (37.5%); a Spouse (14.5%); Parents (12.1%); Grandchildren, Siblings or Other Relatives (22%).
According to a 1999 National Criminal Justice Reference Service report, adults with developmental disabilities are four to ten times more likely to become victims of physical and sexual assault than are other adults. These crimes are seriously underreported; when they are reported, victims are often not believed, and many cases are not prosecuted. Additionally, few victims receive the assistance and support they need to deal with their struggles.
It is estimated that approximately 67% of perpetrators who abuse people with severe cognitive disabilities gained access to them through their work in disability services. In more than 50% of abuse cases of people with disabilities, the abusers were family members or peers with disabilities.
Q: What are the benefits of Guardianship?
A: A legal guardian is required to ensure the basic human rights of our incapacitated elderly adults and adults with a disabling condition are protected. A legal guardian is responsible for ensuring the client has basic needs of food, clothing, shelter, and medical care are met as well as ensuring that a client has the best quality of life possible. When Family Eldercare becomes legal guardian, they remain responsible for the client until their death. Adequate resources and staffing is essential in order to maintain a high quality of services to wards and to accept new guardianship cases.
Please note that a person is not legally incapacitated until a court has declared that the person is incapacitated.
Q: How does Family Eldercare’s Guardianship Program Operate?
A: Family Eldercare’ s Guardianship Program recruits, matches, supervises and trains volunteer advocates to serve as guardian agents for impoverished mentally and/or physically incapacitated adults who have no appropriate family or friends to act in that capacity. Often, clients have been removed from, or prevented from entering into, abusive, neglectful or exploitative situations, including premature institutionalization.
The Guardianship Program assigns Care Managers to each client. Care Managers complete the initial client assessment, make appropriate referrals and obtain pro-bono legal assistance through Volunteer Legal Services of Central Texas. Pro-bono attorneys recruited primarily through Volunteer Legal Services of Central Texas contributed $669,900 of legal services in the year 2003.
Community volunteers are matched with clients to provide advocacy and regular visitation. In 2003 volunteer advocates in the Guardianship Program provided 2,492 hours, or approximately $41,218 in services. Care Managers support volunteers in their duties as guardian agent. When volunteers are not available, program staff directly provides services.
Q: How do I make a referral to Family Eldercare’s Guardianship Program?
A: Please click on the following link for information on making a referral:
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Other Local Guardianship Services
Private Professional Guardians
A private professional guardian must apply annually to the clerk of the county having venue over the proceeding for the appointment of a guardian for certification.
For a list of Private Professional Guardians by County please visit the following link:
For information on the process of applying for guardianship and other related information, please visit the following links:
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Alternatives to Guardianship
Alternatives to guardianship may be used when least restrictive services are more appropriate; to prevent early or “premature” guardianships; and to provide more cost effective solutions.
1. Casemanagement or Caremanagement: A professional who specializes in assisting older people, people with disabilities and their families in meeting their long-term care arrangements.
Local Resources for Casemanagement or Caremanagement:
Family Eldercare Casemanagement: Private Case Management Services on a sliding fee scale (based on income). http://www.familyeldercare.org/programs/consultation.asp
Area Agency on Aging of the Capital Area: Provides Casemanagement to persons over age 62 based on program eligibility guidelines. http://www.aaacap.org/main.html
Private Professional Casemanagers (Caremanagers): Many individuals provide this service in our community. To locate a private professional casemanager in your area visit the following websites:
http://www.caremanager.org/
http://www.elderoptionsoftexas.com/
2. Money Management: Volunteer money management programs offer a less restrictive alternative to guardianships for low-income elderly and adults with disabilities who are incapable of managing their checking accounts themselves and have no one else available or appropriate to assist them.
Local Resources for Money Management:
Family Eldercare’s Bill Payer and Representative Payee Services: Bill Paying and Representative Payee services for low-income older adults and adults with disabilities.
http://www.familyeldercare.org/programs/aginginplace.asp.
Austin/Travis County Mental Health Mental Retardation Services: Provides budgeting and representative payee services to Mental Health services Consumers in enrolled in certain programs. Contracts with Family Eldercare to provide bill payer or representative payee services to Consumers of Mental Retardation services Consumers enrolled in certain programs.
Hotline: (512) 472-4357 (472-HELP)
Phone: (512) 447-4141
http://www.atcmhmr.com.
Bookkeeping Services : Bookkeepers and CPAs can be utilized to assist with money management for those with ability to pay for these services. Check your local phone directory are call the Area Agency on Aging Public information and referral program for information about providers in our community, 916-6065
http://www.aaacap.org
Statewide resources for Money Management:
Texas Money Management Program: Texas Money Management programs provide alternatives to Guardianship. To find a program by County please visit the following link:
http://www.hhsc.state.tx.us/si/gat/tmmp_select.asp
3. Advanced Care Planning:
- Power of Attorney(POA): An instrument executed by an adult who has capacity authorizing another person to act as his or her agent. The power to the agent may be either specific or general. Types of POA include General Durable Power of Attorney and Medical Power of Attorney.
- Directive to Physicians (Living Will)
- Out of Hospital Do Not Resuscitate Order
- Declaration of Mental Health Treatment
For forms utilized in Advanced Care Planning, please visit the following link:
Local Resources for Advanced Care Planning:
Area Agency on Aging of the Capital Area provides information on The Health Care Proxy, Appointing an Agent, Medical Directives, and Living Wills to persons over age 62 based on program eligibility guidelines.
http://www.aa acap.org/main.html
Lawyers Referral Service: Provides referrals to a lawyer who has indicated an interest in handling your type of situation. Fee and free consultations. 512-472-8303 or 1-866-303-8303.
4. Other Options:
- Consent to Medical Treatment Act (Chapter 313 of the Texas Health and Safety Code): An adult surrogate who is available and willing may consent to medical treatment on behalf of an incapacitated adult patient in a hospital or nursing home. Surrogates in order of priority: spouse, adult child or children, parents, person clearly identified to act for the patient patient, the nearest living relative, or a member of the clergy. See Chapter 313 for additional requirements and limitations.
http://www.capitol.state.tx.us/statutes/hstoc.html
- Designation of Guardian in Advance of Need (Section 679 of Texas Probate Code): A capacitated individual may designate a guardian prior to need or disqualify a person as guardian prior to need.
- Management of Community Property: If an individual is judicially declared incapacitated, the spouse may have the full authority to manage, control and dispose of the entire community estate without the necessity of a guardianship, if the court does not find the spouse to be disqualified.
- Trusts: Allow for management of property and assets through a private or institutional fiduciary.
Local Resources for Other Options:
Family Eldercare Guardianship Services: may be designated as guardian in advance of need but cannot guarantee the ability to serve if or when the need arises due to limitations in program capacity.
Lawyers Referral Service: Provides referrals to a lawyer who has indicated an interest in handling your type of situation. Fee and free consultations. 512-472-8303 or 1-866-303-8303.
Travis County Probate Court : This Court has jurisdiction in the matter of management of community property. Call 512-854-9020 or visit: http://www.co.travis.tx.us/probate/default.asp.
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info@familyeldercare.org