1. (a) A facility must request a copy of any current court order appointing a guardian and letters of guardianship for a resident or a resident's estate from the resident's nearest relative or the person responsible for the resident's support.

2. (b) A facility must request the court order and letters of guardianship:

   1. (1) when a facility admits an individual; and
   2. (2) when the facility becomes aware a guardian is appointed after the facility admits a resident.
3. (c) A facility must request an updated copy of the court order and letters of guardianship at each annual assessment and retain documentation of any change.

4. (d) A facility must make at least one follow-up request within 30 days after the facility makes a request in accordance with subsection (b) or (c) of this section if the facility has not received:

   1. (1) a copy of the court order and letters of guardianship; or
   2. (2) a response that there is no court order and letters of guardianship.

5. (e) A facility must keep in the resident's clinical record:

   1. (1) documentation of the results of the request for the court order and letters of guardianship; and
   2. (2) a copy of the most recent court order appointing a guardian of a resident or a resident's estate and letters of guardianship that the facility received.

Source Note:The provisions of this §554.1936 adopted to be effective July 21, 2016, 41 TexReg 5203; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871.