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.
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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.
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.
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. Be sure you use the most current forms, updated as of May 9, 2013.
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. See Required Payments on this page for specific fees.
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. Be sure you use the most current forms, updated as of May 9, 2013.
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. Be sure you use the most current forms, updated as of May 9, 2013.
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.
All Applicants
Be sure to use the most current version of the applications, instructions and checklists, revised May 2013. 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.
Required Payments [pdf]
Examinations
As noted above, one of the qualifications for certification is passing a comprehensive, Texas-specific examination on guardianship law, principles and practices. The exam consists of 100 multiple-choice questions covering Professional Practices; Knowledge of Ward; Application of Surrogate Decision Making; Knowledge of Laws, Courts and Legal Processes; Personal Management; Financial Management; and Medical Decision Making.
For fiscal year 2014 (September 1, 2013 through August 31, 2014), the Guardianship Certification Board will utilize the University of Texas-Austin to administer the exams. Updated information will be posted on this page if any additional exams are scheduled.
The location at which the Austin exams will be given is:
The University of Texas at Austin
K-16 Education Center
2901 N. I-35, Suite 1.400
Austin, Texas 78722
Exam dates, times, and registration deadlines are as follows:
| Date | Time | Location | Resgistration Deadline |
|---|---|---|---|
| October 30, 2013 | 2:00 - 4:00 p.m. | Austin | October 9, 2013 |
| January 29, 2014 | 2:00 - 4:00 p.m. | Austin | January 3, 2014 |
| April 23, 2014* | 9:00 - 11:00 a.m. | San Antonio | April 2, 2014 |
| July 23, 2014 | 2:00 - 4:00 p.m. | Austin | July 2, 2014 |
*This exam coincides with the Texas Guardianship Association's Annual Conference.
The deadline to register is 21 days prior to the exam date as shown above. You must complete and submit an Exam Registration form (follow the link, below), and payment must accompany your registration. Please follow the instructions in the Certification Exam Information document for submitting your registration and making payments.
NOTE: Registration is limited to 18 examinees per date, and registration is on a first come, first served basis. If your registration is received after 18 people have already registered, you will either be given an alternate time or will be registered for the next exam.
A separate e-mail account has been established for questions and all matters related to the exam. Please use the e-mail address GCBExam@txcourts.gov to ensure any questions or concerns related to the exam are timely addressed.
Certification Exam Information [pdf]
Exam Registration Form [pdf] [ Word doc]
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: 15-Aug-2013
