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JVCC adopts revisions to guardianship code of ethics and approves sanction matrix for guardians and programs
Summary
The commission adopted advisory-board recommended amendments to the guardianship code of ethics and minimum standards and approved a sanction matrix to guide compliance decisions; both actions will move toward rule promulgation and provide nonbinding guidance for future enforcement.
The Judicial Branch Certification Commission adopted revisions to the guardianship code of ethics and minimum standards and approved a proposed sanction matrix for certified guardians and guardianship programs at its Feb. 7 meeting.
Staff presented amendments that reorganize definitions, add provisions requiring truthfulness to courts, wards and service providers, require disclosure of conflicts of interest in writing to the court, clarify the guardian's fiduciary role and add language addressing courtroom decorum. The commission voted to adopt the advisory board’s proposed changes and to forward the amendments for rule promulgation by the Texas Supreme Court.
Commissioners also approved a sanction matrix for guardians and guardianship programs intended to guide the complaint review committee and the commission in recommending sanctions. Staff emphasized the matrix is nonbinding guidance and that the complaint review committee and commission retain discretion to deviate from the matrix based on case circumstances.
During discussion commissioners reiterated that adoption of the matrix and the code changes are intended to strengthen oversight, clarify expectations for guardianship duties and provide consistent guidance for compliance and discipline. The commission carried both motions by voice vote and directed staff to pursue promulgation steps.
The commission also noted it had no further updates on a related uniform format manual and scheduled its next meeting for April 2025.
