(a) As described in §411.61 of this title, (relating to Memorandum of Understanding Concerning Capacity Assessment for Self Care and Financial Management) a program provider must perform a capacity assessment for an individual receiving services from that program provider if the program provider:      
        (1) believes a guardian of the person or the estate for that individual may be appropriate and a referral to the appropriate court for guardianship is anticipated; or       
        (2) is directed to do so by a court.       
      (b) In conducting the capacity assessment, the program provider must use the Capacity Assessment for Self Care and Financial Management. Copies of this assessment may be obtained by  contacting the  Office of Policy Development, Texas Department of Mental Health and Mental Retardation, 909 West 45th Street, Austin, Texas, 78756, 512/206-4516, or from the Texas Department of Human Services Long Term Care Policy web site at www.dhs.state.tx.us.     
      (c) The capacity assessment must be performed by the professional designated by the IDT with assistance from other staff or consultants as requested by the professional or directed by the IDT.     
     Source Note:        The provisions of this §261.224 adopted to be effective September 1, 2001, 26 TexReg 5384; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127