Rule 10.5 - Qualification of Proposed Guardian - Criminal History Background(a) The Commission must have a search conducted of a proposed guardian's criminal history records in accordance with Section 155.205 of the Government Code upon receipt of information regarding the proposed guardian in accordance with Rule 10.2, unless the proposed guardian is a certified guardian, a provisionally certified guardian, an attorney, or a corporate fiduciary.(b) A proposed guardian may not be appointed guardian, or temporary guardian, unless: (1) the Commission has the criminal history records of the Department of Public Safety searched for the name and any former name of the proposed guardian if the value of the estimated liquid assets in the estate of the proposed ward is $50,000 or less; or(2) the clerk of the court searches the fingerprints of the proposed guardian in the records of the Federal Bureau of Investigations if the proposed guardian is a resident of another jurisdiction or the value of the liquid assets of the proposed ward's estate exceed $50,000.(c) A proposed guardian described in (b)(2) must submit to the Commission proof of having provided their fingerprints for a criminal history background check.(d) Not later than 10 days before the court's hearing to consider the proposed guardian's appointment, the Commission must provide a copy of the criminal history background information regarding a proposed guardian to the clerk of the court in which the related guardianship proceeding is pending. The clerk must provide the information, as well as the criminal history record information the clerk obtains, to the court for the exclusive use of the judge. The clerk must not file the criminal history background information in the court file.(e) Commission and the clerk may not disclose criminal history record information to any person or agency, except as provided by this rule or upon court order. The Commission and the clerk of the court may destroy copies of criminal history record information after it has been used for its intended purpose.Tex. R. Judi. Cert. Commi. 10.5
Amended effective 4/12/2018; amended effective 6/1/2018; amended effective 6/16/2020; amended effective 11/17/2023.