Disrbilitv Rishts Texas Ward`s Bill of Rights Judicirl

Ward's Bill of Rights
Disrbilitv Rishts Texas
Headquorters
2222 Wesl Braker Lane
Austin, Texas 7875E
(s
l2) 454-4816(Voice)
(s12) 323-0902(Fax)
(E66) 362-285 I (Video Phone)
lnformation to be furnished to the Ward
lnformaci6n a facilitar a la pupilo:
Certral Tex.s Regional Office
2222 West Braker Lane
Austin, TX 7E756
(512) 4s4-48 l6(voice)
(512) 302-4936(Fax)
(866) 362-285 I (Video Phone)
El Peso Regional Office
300 E. Main, Suite 205
North Texss Regional OIfice
El Paso, TX 79901
(9ls) 542-0585 (Voice)
(915) 542-267 6(F ax)
(E65) 362-285 (Video Phone)
Dallas, TX 7 5247 -4932
(214) 630-0916 (voice)
1
1420 West Mockingbird Lane, Suite 450
(2t4)
630-34'12 (Fax)
(E66) 362-2E5 I (Video Phone)
East Texas Regional Ollice
1500 Mccoweo, Suire 100
Houston, TX 77004
(713) 974-7691(Voice)
(7 13) 97 4-769s(F ax)
(866) 362-2E5 I (Video Phone)
South Terss Regional Olfice
6800 Park Ten Blvd., Suit€ 208-N
San Antonio, TX 78213
(210) 737 -0499(v oice)
(210) 737 -2403(Fax)
(E66) 362-2E5 I (Video Phone)
West Tcxrs Regionrl Oflice
4747 South Loop 2E9, Suite 120
Lubbock, TX 79424
(E06) 7 65-7 794(\t oice)
(806) 765-0496(Fax)
(866) 362-285 I (Video Phone)
Judicirl Brsnch C€rtificrtion Commission
205 W. l4th, Ste. 600
Austin, TX 78701
5
t2-47 5-4368
Purpose: established to oveEee the certification, rogislration, and licensing ofcourt reporters
and court reporting firms, guardians,
process servers, and licensed court interpreters.
Deosrtment of Familv rnd Protcctive Services
701 W. 5lst St.
Austin, Texas 78751
Ph: (512) 438-4E00
Repon Abuse Hotline: l-800'252-5400 to report abuse, neglect, exploitation, or violation ofpersonal
rights
Information on regional offices available at www,dfps.state.tx.us/
Local independent liying center (name, address, phone number, aod purpose)
Local area agency on aging name, address, phone number, and purpose)
Local aging and disability resource center (name, address, phone number,
and purpose)
Local mental health and intellectual and developmental disability
center (name, address, phone number, and purpose)
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Appendix Aj
!l
ard's BillofRiehts
Texas Estates Code $ I
A
ward has all the rights, benefits, respoNibilities,
and
disposition, and management ofrealand personal propeny after
essential living expenses and health needs ar€ met. includinglhe
privileges granted by the constitution and laws ofthis state and
the Unit€d States, except where specifically limited by a courtordered guardiarship or where otherwise lawfully restricted.
Unless a right is limited by a coun or otherwise restricted by
law. a wad has the right:
l. to have a copy of the guadianship order and letters of
guardianship and contacl inlbrmation tbr the probate court that
right to receive notice and object about the substantial
maintenalrce, dispositiorl, or management of clothing, fu rniture,
vehicles, and other personal effects;
15. to personal privacy and confidentiality
2.
A,
3.
4.
to consideration of the ward's cuffent and previously
stated personal preferences, desires, medical and psychiatric
treatment preferences, religious beliefs, living afiangements, and
other pref€rences and opinions;
to financial self-detemination for all public benoiits after
essential living expenses afld health needs are met and to have
access to a monthly personal allowance;
to receive timely and appropriate health care ard medical
treatment that does not violate the ward's rights granted by th€
constitution and laws ofthis state and the United States;
6.
7.
8. to exercisc full control of all aspects of life not
specifically gEnted by the court to the guardian;
9. to cootrcl the ward's personal environment based on the
ward's pretbrences:
10. to complain or raise concems regarding thc guardian or
guardianship to thc coun, including living anangements.
retaliation by the guardian, conflicts of interest betwe€n the
guardial and service providcrs, or aviolation ofanyrights uoder
this section;
ll. to receive notice
with disabilities, and to
personal
or
communicatc and meei with
r€presentatives of that organization;
2 1
to be informed ol the name. address. phone number. ard
purpose of an independent living center, an area agency on
aging, an aging and disability resource center, and the local
,
in the ward's native language, or
mental health and intelleclual and developmental disability
preferred mode ofcommurication, and in a manner accessible
conter, and to commluricate arrd meet with representatives from
these agencies alrd orga[izations:
22. to be iDformed ofthe name, address, phonenumber, and
to the ward, of a court proceeding to continue, modify, or
terminate the guardianship ard theopponunity to appear before
the court to express the ward's preferences arld
in
rnatters, subject to state and federal law;
16, to unimpeded, private, and uncensored communication
and visitation with persons ofthe ward's choice, except that if
the guardian determioes that certaiD communication or visitation
causes substantial harm to the ward:
the guardian may limit, supcrvise.
restrict
communication or visitation, but only to the cxtent
necessary to protect the ward from substantial harm; and
B. the ward may requost a hearing to remove any restrictions
on communication or visitation imposed bythe guardian
under Paragraph (A);
17. to petition the court ard retain counsel of the ward,s
choice who holds a certificate required by Subchapter E.
Chapter 1054, to represent the ward's intercst for capacity
restoration, modification of the guardianship, the appointment
ofa different guardian, or for other appropriate reliefunder this
subchapter, including a transition to a supponed decisionmaliing agreement, except as limited by Section 10S4.006;
18. to vote in a public election, marry, and retain a license to
operate a motor vehicle, unless restricted by the court:
19. to personal visits from the guardian or the guardian,s
dosignee at least ooce every three months, but more ollen, if
neccssar], unless the court orders otherwise;
20. to be intbrmed ofthe name, address, phone number, and
purpose of Disability Rights Texas, an organization whose
mission is to protect the rights of, arld advocate for, persons
issued the order aod ietters;
to have a guardianship that eicourages the development
or maintenanc€ ofmaximum selt'-reliance and independence iD
the ward with the eventualgoal, ifpossible, ofself-sufficiency;
to be treated with respect, consideration, and recognition
ofthe ward's dignity and individuality;
to reside and receive support services in the most
integrated settiog, including home-based or other communitybased settings, as required by Title II ofthe Americans with
Disabilities Act (42 U.S.C. Section l2l3l et seq.);
5.
l5l.35l
concerns
purpose of the Judicial Branch C€rtification Commission and
forfilinga complaint against a certilied guardian;
regarding whether the guardianship should be continued,
the procedure
modified, or lerminated;
12. to have a court investigator, guardian ad litem, or
attomey ad litem appointed by the court to investigate a
complaint received by the court from the \rard or any person
23. to contact the Department of Family and protective
Services to report abuse, neglect, exploitation, or violation of
personal rights without fear of punishment. interference.
coerciofl, or retaliation; and
24. to have the guardian, on appoiDtment and on annual
renewal ofthe guardianship, explain the rights delineated in this
subsection in the wad's native Ianguag€. or preferred mode of
communication, and in a manner accessibl€ to the ward.
about the guardianshipl
13. to participate in social, religious, and recreational
activities, training, employment, education, habilitation, and
rehabilitation ofthe ward's choice in the most integrated setting;
14. to self-determination in the substantial maintenance,
l3l