1. (a) A facility will perform a Capacity Assessment for Self Care and Financial Management for persons who will be referred to a court for guardianship if the person:

   1. (1) is elderly, which is defined as a person 60 years of age or older; or
   2. (2) has mental retardation or a developmental disability; or
   3. (3) is suspected of being a person with mental retardation or a developmental disability.

2. (b) The assessment will be completed when:

   1. (1) a facility determines that a guardian of the estate, or the person, or both, may be appropriate and a referral to a court for guardianship is anticipated; or
   2. (2) requested to do so by a court.
3. (c) The facility will use the Capacity Assessment for Self Care and Financial Management instrument developed by the Texas Department of Mental Health and Mental Retardation.
4. (d) The Capacity Assessment for Self Care and Financial Management will be performed by the facility social worker, with assistance from other professionals as requested by the social worker.

Source Note:The provisions of this §554.804 adopted to be effective March 15, 2000, 25 TexReg 1395; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871.