National Guardianship Association Reaction to Texas Governor's Executive Order to Reform Statewide Adult Protective Services.

News Editors/Legal Writers

TUCSON, Ariz.--(BUSINESS WIRE)--April 22, 2004

Crisis in Texas Highlights the Nationwide Need for Guardianship

Services & Resources

The National Guardianship Association (NGA) is deeply concerned over the recent crisis in Texas that led to Texas Governor Rick Perry's Executive Order on April 14, 2004 to the Texas Health and Human Services Commission requiring immediate reform of Adult Protective Services statewide. Guardianship practitioners in El Paso County, Texas, have revealed severe inadequacies in the investigations and interventions in cases involving elderly and disabled persons by the Texas Department of Family and Protective Services (APS).

El Paso County Probate Judge Max Higgs, a member of NGA, and guardianship attorney Terry W. Hammond, a former president of NGA, have engaged in a number of hearings focusing on elderly and disabled persons who have been left destitute to live in filth and squalor by APS, an agency responsible under Texas law for investigating and intervening in situations where elderly and disabled Texans are abused, neglected and exploited. The El Paso press covered the guardianship hearings for six weeks, but the story became national news last week when Governor Rick Perry responded to concerns raised by Judge Higgs and Mr. Hammond by issuing an Executive Order in which the Governor ordered a strike team to seize APS case files in El Paso and across the State to determine why APS was failing elderly and disabled citizens.

"The tragedies in Texas underscore the growing need for public education about guardianship services and resources that are available locally and nationally," said Francine Saccio, National Guardianship Association president. "NGA members are dedicated professionals with a commitment to ethics. Our members are certified as registered or master guardians, which is a process that fosters continuing education, training, and a standard of excellence for guardianship practitioners."

What is Guardianship?

Guardianship, also referred to as conservatorship, is a legal process, utilized when a person can no longer make or communicate safe or sound decisions about his/her person and/or property or has become susceptible to fraud or undue influence.

The Professional Guardian's Duties and Responsibilities

The professional guardian does not take the place of a family member, although the guardian may form an emotional bond with the incapacitated person. The professional guardian will coordinate and monitor professional services needed by the incapacitated person, such as selecting a caretaker, in-home care, and other services.

Guardianship Resources

The National Guardianship Association has an extensive list of helpful resources regarding guardianship and how to contact professional master and registered guardians located at www.guardianship.org or by telephone request to 520.881.6561.

About the National Guardianship Association (NGA)

Founded in 1988, NGA is comprised of more than 730 individuals in public and private, for-profit and not-for-profit agencies and organizations as well as individuals concerned with guardianship issues. NGA provides its members with education and training, networking opportunities, and the opportunity to set a national agenda to ensure standards of excellence. The National Guardianship Foundation (NGF) administers a guardianship certification examination, which is the only national credentialing process for guardians in the nation.