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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.
Continue >>
For more information about Guardianship
in Texas, please see:
Our Guardianships Page
Guardianship FAQs
Estate Planning & Probate Links
Estate Planning Glossary
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