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New Braunfels Herald Zeitung: Thursday, September 24, 1987 - Page 4

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   New Braunfels Herald-Zeitung (Newspaper) - September 24, 1987, New Braunfels, Texas                                tow Texas September Texas has three volunteer guardianship programs TMs to the third of six Installments by the Associated Prest on Americas Texasmethod of ensuring the best interests of our elderly and in firmed But the system has to declare someone Incapable of handling own a lack of safeguards In some programs and how Texans have promulgated three volunteer programs to remove some of the profit motive from tyJINNIPIRDIXON PrtM Writer And senior Mid MIV niiiu vi that a caring guardian cm help attorneys Judges Its a tremendous unmet need throughout not only In metropolitan areas but In rural Texas as Willis Nonprofessional community groups are tak vulneraWe to exploitation by unscrupulous family members or the coordinators A volunteer guardian appointed to the case of a Tarrant County woman who was living like a pauper discovered the ward had up to stow ed In a variety of bank Colton Another volunteer looking for a wards drivers license found 18 uncashed Social Security checks hidden In the womans Tarrant County Probate Judge Pat Ferchlll calls the Fort Worth program a godsend a minor child It takes less than many think to declare someone incapable of handling their own affairs M from garbage can to garbage can In WM Texas AP A urologists statement helped con vince a Judge a Tyler woman should be declared and a se cond doctors statement also backed up claims by the womans brotherin law that she was Incapable of handl ing her affairs and needed a guar But In case after case across In rural he The state of Texas of not provider good sold 125 And now shes a good says Pat dtans for certain mental namely whose relatives live In distant are themselves Incompetent or families sometimes turn their backs on that Before the volunteer I had no alternative but to vuiumccr i ma no alternative w The volunteer guardianship program In San An commandeer a young Ferchlll said which was founded In March 1981 and now The Tanant Countv oroarim has a wiiiina tonl0 wnlcn in March 198 and serves about 300 elderly people at a tlmels the vlsory Board of San Antonio The bag lady turned good lady is one of the lucky elderly Texans who live in a county where volunteers are trained to take on the complex re quirements of being an Incompetents guardian from securing bond and passing court scrutiny to annual accountings of a wards estate Volunteer Guardians of Tarrant a gram begun In Fort Worth In the fall of caseload of about two dozen with another dozen on a waiting Family Eldercare of Austin began Its volunteer guardianship program in March and was serving piciMumg annual accountings ot a wards estate Br t m serving when no family members or friends are wH tag late with an anticipated or wiumi caaeload of at program dlrector if someone took It The Tarrant County program has a waiting and the demand for guardians in Bexar County has continued to grow since the programs beginn Bonne Yet locating volunteers Is Its not easy finding when you con sider the said Jacqueline executive director of Family Eldercare in The authority and responsibility are enormous and justlfably I would be suspicious or available Only three Texas counties Travis and Bexar have volunteer guardianship pro The states two largest Houston and have no organized means of appointing a guardian when an elderly Incompetent has no one looking after his Larger and larger numbers of people dont have anyone to serve in that said Rosemary an attorney who is trying to organize a volunteer program in Dallas Despite the growing the state does not have a public guardianship program and no state agency monitors even though Tex ans over 85 make up the fastest growing age group in the said John ombudsman for the Texas Department on The Texas Department of Human Resources will intervene in cases of elderly abuse until a guardian is but otherwise avoids guar dianship cases because of possible conflicts of in said Kathy program specialist at the DHS in The result is a patchwork of programs in some of the states 254 counties a Tarrant County Judge who commandeered young attorneys as guar dians until a volunteer program was established in Fort a Judge in Dallas County who keeps a Clalrece Of the nine people being five had guardians and four had representative someone authorized to sign their Social Security As word spreads about the the number of inquiries Feagin The more professionals learn of the the more calls were getting from at social There are an awful lot of people out there who cant quite manage the money she No one seems to know the number of people who need but I do know the dif ference a volunteer guardian can make in a elderly persons says Colleen pro gram coordinator for the Tarrant County The appointment of a volunteer guar dian makes an enormous difference in the availablity of medical the quality of living conditions and the preservation of One of the volunteer programs goals is to ap point a guardian who can supervise medical finances and other matters to enable an elderly person to stay at home rather than enter a nursing Although the majority of the wards in the pro grams in Fort Worth and San Antonio have little Dallas County Probate Judge Nlkki DeShazo said she has a list of people she calls on when an elderly incompetent has no one to serve as guar They do It as a favor to me and as a favor to the Its a breakeven DeShazo A lot of people who do not have funds do not come to the attention of the she They have a lot of money and everyone wants to get into the or theyre Just destitute and out on the Despite the fragmented approach to guardian ship in Bohne said she doesnt favor a statewide You lose flexibility in a statewide she It would not be as creative and not as flexible and would become a bureaucratic pro Theres no point in killing a fly with a said who favors a grassroots ap believes a statewide pro gram is To wait for each county to come up with a volunteer program Is not a practical he Its not a solution to what is go ing to be a statewide and national Covering 125 acres Archeology report due Friday CA0AU nuire By SARAH DUKE Staff Writer Archeologists Wednesday took a look at the area where the WalMart distribution center will be built in an effort to determine whether the site is historically or archeologically city officials The survey was ordered by a state agency 11 and is being funded by city officials While the WalMart distribution center is part of a private New Braunfels Utilities expects to receive in federal grant funds to pay for providing utilities to the center to be located near Kohlenberg Lane and Interstate Archeologists began about 9 surveying the 125acre area where the distribution center will be said Court Thieleman of the city managers The survey came as the result of a request by the Texas Historical Com Curtis executive director of the historical commis notified the city that a survey should be taken and a report We didnt know it was going to be today until they started Thieleman said about the Wednesday The state is making us do a study on the whole tract even though the grant will just be used for the he Even though the WalMart site is private the survey is required because a federal grant will be used to provide The feds and the state meaning the Housing and Urban Development agency and the Texas Department of Community Affairs have ruled that the scope of the project involves both what is being built on private property and public Thieleman The who work for Espey Huston and Associates in were expected to have a writ ten report of their findings complete by The city will submit it to the historical commission for review by Thieleman WalMart is paying for the whole he adding that the survey will cost from to Mark Denton of the Texas Anti quities Committee said this morning that once the survey is complete and results are his agency and the historical commission will have an opportunity to review them and The antiquities committee issued a permit for the he I have a feeling that the survey will be completed in a relatively short period of time and I think theres a low probability of finding significant archeological deposits in the 125acre Theres a greater chance of there being significant deposits up higher where the water tank will be near Kohlenberg Denton He added that no one can be certain how significant the site is until the survey is com The Texas Historical Commission and the antiquities committee will both review the report and will make he If we say theres nothing of significance that will be the end of Or if we say there are some fairly interesting things there but they dont justify a that will be the end of it might be the case where well this is a fairly significant site and then recommend that a more substantial study be Denton Thieleman said the city will not be required to complete a survey within the rightofway near Interstate 35 because the Texas Department of Highways and Public Transportation already had a project planned for the same site and the historical commis sion agreed with the highway depart ment that the project would not af fect the historical or archeological significance of the Espey Huston archeologists were not available for comment as of solely on the claims of whoever is seeking to become a a five month investigation by The Associated Press The judges ruling establishing most guardianships strips the ward of most adult privileges to marry or to decide where to to buy or sell to approve medical treatment or to Invest Most people who serve as guardians con trol all the wards A ward becomes like a minor child with no legal status to enter into the transactions most of us take for says Tom a law professor at Baylor University who heads a committee of the State Bar of Texas studying the states guardianship The Associated Press examined more than 75 files concerning elderly wards in courthouses across Texas and found in almost guar dianships were established without medical statements of any And in the majority of the cases surveyed in rural elderly peo ple were declared incompetent without Probate judges in Dallas County routinely appoint an attorney to represent a proposed ward in perma nent guardianship but the optional under the is rare or nonexistent in the smaller Petitions filed in Dallas and some of the other larger such as Invariably Include a medical doctors A survey of nine guardianship cases opened in Dallas County in 1980 found all petitions contained medical and six of seven Tarrant County cases included doctors The seventh Involved a and the incompetency peti tion contained statements from a rating committee of a Veterans Ad ministration Hospital and a VA at But in 30 files suneyed randomly in six rural only three wards had courtappointed attorneys all In Smith In those same 30 only nine contained a medical doctors statement One con tained a psychologists evaluation Texas probate code does not re quire expert testimony to establish a permanent adult Featherston said to Gonialts Hermann Sons September 26 to La Vtrnla C el C CLARK mokes pictures worth o thousand words in the IN RECOGNITION OF THE COMAL COUNTY FAIR MBANK NEW BRAUNFELS WILL OBSERVE THE FOLLOWING HOURS ON FRIDA Y September LOBBY MOTOR BANK MPACT 24 Hours MBonk New Braunfels A Momentum Bank Member land FDIC The Judge has the option of appoin ting an attorney to represent the pro posed ward In those A physicians based on an exam within 90 days of the court Is required In limited guar which grant the guardian only restricted The only requirement to prove In competence in permanent guardiari shlps is that the petitioner statlsfy the court that the proposed ward isnt capable of handling his affairs ot making decisions on his own Featherston said In most it works Featherston In most situa a guardian Is really needed and it the law Just tries to expedite H and keep down the costs for the fami there are cases where the system is Texas law gives preference to spouses and the next nearest of but also allows volunteers and friends not dis qualified by a variety of reasons to A guardian cannot be a someone whose conduct is notorious ly an someone 16 volved In a lawsuit that may affect the proposed someone In debted to the proposed or sy meone with a claim on the proposed wards estate or Court officials say finding a ward for someone with an estate Isnt the problem its finding someone to represent an elderly person with neither assets nor A majority of cases suneyed by the AP found family members serv ing as with a few warda represented by banks or a longtime In Gregg County in November an Oklahoma woman was appointed guardian of a Longview residents without a medical statement and despite the fact that the petition did not state her relation ship to the proposed who had a son living in Dallas The guardian resigned in June 1983 and was replaced by the cashier of Kilgore First National Bank In October the judge approv ed a expenditure for the son to buy a car so he could travel from Dallas to Longview to visit his who was in a nursing In July the son was authorized to buy another car for and another was authorized for cat repairs and insurance the following September Another car purchase of was authorized in October 1985 Nothing in the fihindicated the court questioned the frequency of the car purchases The court also authorized monthly in itially and then upped to to cover the sons costs in supervising his mothers nursing home care ur water neater a high tempera Your water heater is such a tremendous energy it can account for 20 percent of the electricity used annually in an allelectric Set at it could be burning up more energy than needed for household Lower your units thermostat to and you could save 1015 percent on your water heating Conserving hot water begins with You can control how its used and how much is Wash only full loads in the dishwasher and washing and when using the latter use warm or cold water with a cold Take shorter showers and consider installing a flow This appliance could cut your water use in the shower in When not at home for extended turn off your water heater and save on the energy it takes to keep your stored water In an average 3550 percent of all water consumed is hot Try these hot water conservation tips and see less of your water and money go down the This is part of d series of rtfwns deveiopto Dy PEC to help you energy money Good Neqhbors in Energy CcOdr PbrK Kyit i Mdldie Falls   

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