Under Section 111.042 of the Texas Government Code [pdf] and Rule III(a) of the Board's rules, the following individuals must be certified:
- individuals, other than attorneys or corporate fiduciaries, who are private professional guardians,
- Individuals, other than volunteers, who provide guardianship services to wards of the Texas Department of Aging and Disability Services (DADS), and
- individuals, other than volunteers, who provide guardianship services to wards of a local, county, or regional guardianship program.
-
Attorneys who provide guardianship services in a capacity other than private professional guardian must be certified. For example, an attorney who is employed by a guardianship program to provide guardianship services to the program's wards must be certified. Only attorneys who provide guardianship services as private professional guardians do not need to be certified; see Section 111.001 of the Texas Government Code.
Please Note: Updated statutes, reflecting changes made by the 82nd Legislature, will not be available from Texas Legislature Online until early 2012.
BEGINNING ON SEPTEMBER 1, 2007, ALL INDIVIDUALS WITHIN THE ABOVE CATEGORIES MUST BE CERTIFIED BY THE BOARD IN ORDER TO PROVIDE GUARDIANSHIP SERVICES IN TEXAS.
AS OF MARCH 1, 2011: NEW PROCEDURES FOR REQUIRED UPDATED CRIMINAL HISTORY REPORTS. Applicants for re-certification and applicants for certification who have been provisionally certified for more than twelve months when they apply for certification do not need to have their fingerprints taken. Details are under the headings Certification and Re-Certification below; also see the heading Required Payments.
AS OF MARCH 19, 2012: The fee assessed by the Federal Bureau of Investigation for a new or updated criminal history report is decreasing from $19.25 to $16.50. First-time applicants who will be fingerprinted on or after March 19 will pay $41.45 directly to the DPS' contracted vendor for a Texas and a federal criminal history report. First-time applicants who will be fingerprinted before March 19, 2012 will pay $44.20.
Applicants who need an updated criminal history record information report, whose applications are received on or before March 19, 2012 will pay $31.50 to the Office of Court Administration, in addition to other fee(s) required. Applicants whose applications are received before March 19, 2012 will pay $34.25.
Please refer to information under the headings Certification, Re-Certification, Provisional Certification and First-Time Applicants for more details and the appropriate forms.
Certification
Rule VI contains the qualifications for certification. Among other requirements, applicants must have a criminal history check and pass a comprehensive, Texas-specific examination on guardianship law. The exam is administered by the Center for Guardianship Certification (CGC). More information on the examination is at the end of this page.
NOTE: as of September 1, 2009, applicants are no longer required to take and pass the national exam. However, applicants who did not successfully complete both exams on or before August 31, 2009 must complete the new Texas exam.
If you are provisionally certified when you apply for certification, new criminal history reports are required if you have been provisionally certified for more than twelve (12) months. You do not need to have your fingerprints taken again once you have been fingerprinted for purposes of guardianship certification. Upon receipt of your application and required payment, Board staff will request a new criminal history report and the results will be sent directly to the Board.
To apply for certification, please complete the certification application form [doc] according to the attached instructions [pdf]. You should use the Certified Guardian Applicant Checklist [pdf] to be sure your application is correct and complete before you submit it.
Re-Certification
Certification expires on the second anniversary of the date the certificate is issued. Rule VII sets forth the requirements for re-certification. Re-certification is not automatic; you must apply to the Board. To avoid a late fee, your application for re-certification must be filed at least 90 days before your expiration date. You may file your application for re-certification up to 90 days after your certification expiration date, subject to a late fee of $75. To avoid a lapse in certification, your application for re-certification must be complete by 90 days after expiration of certification.
New criminal history reports are required when you apply for re-certification. You do not need to have your fingerprints taken again once you have been fingerprinted for purposes of guardianship certification. Upon receipt of your application and payment, Board staff will request a new criminal history report and the results will be sent directly to the Board.
To apply for re-certification, complete the re-certification application form [doc] according to the attached instructions [pdf]. You should use the Re-Certifying Guardian Applicant Checklist [pdf] to ensure your application is correct and complete before you submit it.
Provisional Certification
Rule XIV provides for provisional certification for those who must be certified but do not meet the educational or experience requirement, or who have no successfully completed the required exam. Provisionally certified guardians may provide guardianship services only under the direction of a certified guardian supervisor. To apply for provisional certification, complete the provisional certification application form [doc] according to the attached instructions [pdf]. You should use the Provisionally Certified Guardian Applicant Checklist [pdf] to ensure your application is correct and complete before you submit it.
When you qualify for "full" certification, you must apply for certification and pay the application fee. If you apply for certification within one year of being provisionally certified, a new criminal history check is not required. If you have been provisionally certified for more than twelve months, then a new criminal history check is required; see Certification for details.
First-Time Applicants
When applying for certification or provisional certification for the first time, applicants must obtain their criminal history records by submitting their fingerprints to the Department of Public Safety for a Texas and FBI criminal history search. Fees for these services are paid at the time your fingerprints are taken. The results of the searches will be sent directly to the Board. The instructions (see links above) contain detailed information about where to be fingerprinted and how to request the criminal history searches. Applicants must take a FAST Pass [pdf] when they go to be fingerprinted. The Board will not process an applicant's application until it has received the results of the criminal history searches.
The fees are changing as of March 19, 2012. Please be sure to take the correct FAST Pass with you.
FAST Pass - fingerprints taken through March 18, 2012
FAST Pass - fingerprints taken on or after March 19, 2012
All Applicants
Be sure to use the most current version of the applications and instructions, revised March 2012. Each application may be completed on-line, but once you have completed it, you must print it out, sign it before a notary public, and mail or hand deliver the application and the appropriate payment (check or money order payable to the Office of Court Administration) to the address provided in the instructions.
Examinations
To register for the examinations, applicants must contact CGC directly at certification@guardianshipcert.org or (717) 238-4689. The fee for the comprehensive Texas exam is $175. Applicants for Texas certification may, but are not required to, take the national exam. The CGC also administers the national exam, and can advise on the current fee. All exam fees must be paid directly to CGC according to its procedures.
The CGC requires that applicants register to take the exam 30 business days before the exam date. Deadlines may differ; please be sure to verify the registration deadline with the CGC for the exam you plan to take.
NOTE: As of June 1, 2010, the Center for Guardianship Certification (CGC) administers the exam electronically, and applications to take the exam are online. Paper-and-pencil exams will be offered at the exams administered in conjunction with the TGA's spring and fall conferences. Hosted exams, which require a minimum of ten examinees, will be administered electronically. Please visit the CGC's website for more information and detail.
Upcoming Exams
July 26, 2012
Austin, Texas
Applicants should check with the Center for Guardianship Certification for the most up-to-date information on examination dates, times, and locations.
To view or print PDF files you must have the Adobe Acrobat® reader. This software may be obtained without charge from Adobe. Download the reader from the Adobe Web site.
Updated: 11-May-2012
