Revision 22-1; Effective Nov. 28, 2022

5910 Explanation of Rights

Revision 22-1; Effective Nov. 28, 2022

The habilitation coordinator must initially, and annually thereafter, provide a person and LAR an oral and written explanation of the person’s rights contained in the “Your Rights in Local Authority Services” booklet.

Rights booklets are available on the HHS website. Rights booklets may also be ordered by sending an email to OmbudsmanIDD@hhs.texas.gov.

The habilitation coordinator must document every time the habilitation coordinator gives the written and oral explanations to the person, LAR, or actively involved person. The documentation must be signed by the person or LAR and the habilitation coordinator.

5920 Activities Related to Guardianship

Revision 22-1; Effective Nov. 28, 2022

5920.1 Individual Has a Guardian

Revision 22-1; Effective Nov. 28, 2022

The habilitation coordinator must determine annually if the letters of guardianship for a person are current. The letter of guardianship is required to be renewed in the county court annually. The habilitation coordinator annually must request the current letter of guardianship and keep a copy in the person’s record.

The habilitation coordinator must document in the HSP whether the letter of guardianship is current.

If the letter of guardianship is not current, the habilitation coordinator must provide a reminder to the guardian that a renewal needs to be completed and document that the guardian was provided this reminder.

5920.2 Individual Does Not Have a Guardian

Revision 22-1; Effective Nov. 28, 2022

If a person does not have a guardian and may benefit from having one, the habilitation coordinator, along with the SPT, must assess if the person needs a guardian or would benefit from a less restrictive alternative to guardianship, and must document this discussion. If the SPT believes guardianship is the least restrictive option, the habilitation coordinator makes appropriate referrals, such as to the local probate court.

See Appendix III, Legal Authority to Make Decisions, for information about types of guardianship and alternatives.