JVCC director reports stable guardian numbers, low exam pass rates and plans for exam and rule changes

The JVCC director told the Guardianship Certification Advisory Board on July 29 that the number of certified guardians in Texas is stable even as the agency works to boost certification rates and update exam and rule processes.

The director said, “Right now, as of today, we have 377 active certified guardians, 258 pending certification,” and reported 87 active provisional guardians and 37 pending provisional applications. He added that 98 complaints about certified guardians or guardianship programs had been filed since fiscal 2020; four of those complaints remain under investigation. The director said complaints had resulted in “10 complaints resulting in program nonreal, although all from the same program, 12 complaints resulting in certification revocation from 3 different individuals,” plus reprimands, suspensions, surrenders and withdrawals.

The update flagged an exam pass-rate challenge as a key operational issue. The director said the number of candidates sitting for the certified-guardianship exam has averaged between about 60 and 90 annually in recent years and that the average pass rate “sits somewhere around 50” percent. Judge Joe Spencer in the meeting later cited a roughly 57% pass rate; the director characterized the figure as approximate.

Why this matters: certified guardians serve vulnerable adults and wards across the state and are often sought by courts and facilities when families cannot provide care. A limited pool of qualified guardians can slow court appointments and complicate care for people placed in institutional settings.

Board-level work and staff next steps

The director set out four areas for work in the coming months: (1) exam enhancements, (2) rules amendments and updates to the code of ethics/minimum standards, (3) a refresh of the exam question bank, and (4) advisory-board priorities and outreach to expand the guardian workforce. On exams, staff said they have introduced a pre-test video to reduce remote-testing flags and are exploring partnerships with university testing centers so candidates without stable home technology can sit in person.

On rule changes, the director said staff will review what the legislature changed “this session” and consider whether that warrants amendments to JVCC rules or the guardianship code of ethics. He specifically referenced a legislative requirement for noncertified guardians that requires annual Alzheimer’s disease training for guardians of wards above a certain age or for younger wards who show evidence of Alzheimer’s or dementia; staff said they are working with the Alzheimer’s Association of Texas to develop that training and will notify the board when proposed rule or standards language is ready for consideration.

The director also asked board members to help refresh the written question bank so exams reflect current practice and to provide the board’s priorities back to staff for scheduling focused meetings on rules and the question bank.

Board discussion and priorities

Chair Jamie McClain and board members emphasized the need to increase the number of certified guardians statewide. Judge Joe Spencer and other members noted the work can be emotionally demanding and often requires handling complex, resource-poor cases, including placements from nursing homes. New member Nathan Peters, a certified guardian and attorney, described his practice and experience recruiting guardians and supporting Medicaid and long-term-care processes in Denton and Dallas-area courts.

The director said staff will prepare materials and proposed meeting dates for rule amendments and question-bank work; he said he had “a reasonably good set of homework assignments” to prepare in advance of scheduling those meetings.

Votes and formal actions

The advisory board approved the minutes of its Jan. 21, 2025 meeting. Leonard James moved to approve the minutes “as presented.” Chair Jamie McClain seconded and called the vote; McClain said, “I vote aye,” and James said, “Aye.” The motion carried and the minutes were approved.

The meeting moved on to future planning and then adjourned at approximately 1:35 p.m.

Ending

Staff left the board with specific requests: work with the Alzheimer’s Association of Texas on required training for noncertified guardians, develop options to reduce exam barriers (including testing-center partnerships), refresh the exam question bank with board input, review legislative changes for needed rule updates, and propose dates for follow-up meetings focused on those tasks.