Commission adopts changes to guardianship code of ethics and a nonbinding sanction matrix

The commission voted to adopt amendments to the guardianship code of ethics and minimum standards and to approve two sanction matrices that will be recommended to the Texas Supreme Court for rule promulgation.

A staff speaker (Speaker 4) summarized the revisions as a reorganization of definitions, new requirements that guardians be truthful to courts, wards, service providers and the commission, a requirement to disclose conflicts of interest to the court in writing, a clarified fiduciary duty provision, and a prohibition on delegating guardianship duties (code of ethics provision 12 was revised to reflect that prohibition). Speaker 4 said the revisions reflect recommendations approved by Judge Spencer, Commissioner Ford and the Guardianship Advisory Committee.

Speaker 4 asked that the commission move to adopt the advisory board’s amendments to the code of ethics and minimum standards and to adopt the sanction matrix. A motion to approve the amendments and the sanction matrix was made and seconded; the commission approved both items. For the sanction matrix, staff emphasized it is a guideline for the commission and the complaint review committee and that the commission retains the ability to deviate from the proposed sanctions.

The agenda also included approval of the “certified guardians and guardianship programs sanctioned matrix,” described as a final draft for compliance cases; the commission voted to adopt it. There was no recorded discussion amending the matrices, and commissioners did not identify specific sanctions to apply to named individuals during this meeting.

Commissioners received no update on the uniform format manual; staff said no word had been received and that the item remains pending with the administrative conference. The meeting closed after brief remarks and scheduling discussion; the transcript included an unclear reference to the date of the next commission meeting.