Guardianship
I. INTRODUCTION
II. NATIONAL GUARDIANSHIP ASSOCIATION
A. BACKGROUND
B. FOUNDING OF NGA
C. ANNUAL CONFERENCE
D. TRAINING AND EDUCATION
E. CERTIFICATION
1. Registered Guardian
2. Master Guardian
F. PUBLICATIONS
G. ETHICS AND STANDARDS
H. DISCUSSION GROUPS, NETWORKING, LISTSERVE
J. LIABILITY INSURANCE
J. ETHICS HOTLINE
III. TEXAS GUARDIANSHIP ADVISORY BOARD
A. CREATION
B. STANDARDS
C. EXISTING GUARDIANSHIP AND NEED
D. DEMOGRAPHICS
E. STRATEGIES TO MEET THE NEED FOR GUARDIANSHIP
IV. SOCIAL SECURITY ADMINISTRATION
A. REPRESENTATIVE PAYEE STATUTES
B. SOCIAL SECURITY DISABILITY INSURANCE BENEFITS
C. THE ADMINISTRATIVE LEVELS
D. THE FIVE STEP SEQUENTIAL ANALYSIS
STEP 1: SUBSTANTIAL GAINFUL ACTIVITY
STEP 2: SEVERE IMPAIRMENT
STEP 3: LISTING OF IMPAIRMENTS
STEP 4: PAST RELEVANT WORK
STEP 5: ABILITY TO PERFORM OTHER WORK
E. THE DAA STEP
F. TYPES OF CASES
SOCIAL SECURITY DISABILITY CLAIMS
CONCURRENT CLAIMS
SUPPLEMENTAL SECURITY INCOME CASES
CHILDREN’S SSI CASES
CESSATION CASES
OVERPAYMENT CASES
V. HEALTH CARE FINANCING ADMINISTRATION
VI. VETERANS ADMINISTRATION
A. THE FEDERAL LEGAL CUSTODIAN
B. THE COURT APPOINTED GUARDIAN
C. A PERSON FOR WHOM GUARDIANSHIP
D. CLAIMS AGAINST VA FUNDS
E. DEATH OF THE VA WARD
F. CONCLUSION
VI. INTERNATIONAL DEVELOPMENTS
VII. CONCLUSION
I. INTRODUCTION
Imagine that you have a client come into your office. Your client explains that
a close relative has been diagnosed with schizophrenia. During a severe episode,
the schizophrenic has attempted suicide resulting in severe brain damage.
Chances of survival are slim. Medical decisions need to be made immediately
regarding continued life support and placement issues, assuming the relative
survives. There is property, children by a prior marriage, dissension in the
family and an angry ex-spouse who has never received her child support. Your
client wants to know what to do.
You vaguely recall a casual mention of guardianship in law school. You struggle
to remember that the Guardianship Code is somewhere in the Probate Code and sigh
with relief when you find it. Then you look at the provisions of the
Guardianship Code regarding powers of the Guardian of the Person (Tex Prob Code
Ann �767) and you note that it only consists of two sentences. Surely there must
be cases that expand upon this brief Probate Code Section. Surprise! You find
there are none. You look for secondary authority and there is little or none to
be had. You begin to check other states for their laws, but their codes differ
so much and guardianship is so state specific that you wonder if the decisions
of the courts in other states have any precedence whatsoever in Texas. In
growing panic, you begin to wonder how to help your client through this most
difficult of family situations. Congratulations! You are now Lost in Space in
the Guardianship World.
This paper will attempt to lead you to some very practical places where you may
turn for help when facing difficult guardianship issues. This paper will focus
on different agencies and organizations that impact upon the guardianship world.
These groups are:
National Guardianship Association
Texas Guardianship Advisory Board
Social Security Administration
Health Care Financing Administration
Veteran’s Administration
Because some of these groups are massive, there is no way that all of the
information available could be conveyed in a short lecture. Instead, the purpose
of this paper is to introduce you to these agencies and to encourage you to
think of and turn to them for creative solutions to guardianship problems.
For more information about Guardianship in Texas, please see:
Our Guardianships
Page
Guardianship FAQs
Estate Planning & Probate Links
Estate Planning Glossary
