Trustees are crucial in protecting long-term care facility residents. If a situation in a facility poses a threat to the health and safety of the residents, the Texas Department of Aging and Disability Services (DADS), represented in court by the Texas Attorney General, petitions a district court to appoint a trustee to take over the facility operations to protect residents. The trustee is responsible to the court for all actions and expenditures.

The trustee must protect the health and safety of residents and:

  • operate and/or dispose of the facility;
  • provide the necessary staff resources to meet the needs of the facility (nurses, social workers, qualified intellectual disability professionals, accountants, etc.);
  • be in the facility or readily available throughout the appointment; and
  • submit budgets, expenditures, care reports, and special reports to the court for review.

A trustee must be current with the required licensure/certifications, continuing education hours, and all other requirements necessary to qualify as a trustee. Current professional insurance is recommended.

Court-appointed trustee for a nursing facility

Qualifications

  • Licensed as a Nursing Facility Administrator — Texas license preferred.
  • Working knowledge of nursing facility regulations (Code of Federal Regulations, Chapter 42, Subpart B — Requirements for Long Term Care Facilities; Texas Health and Safety Code, Chapter 242; and Title 40, Texas Administrative Code [TAC] Chapter 19 — Requirements for Nursing Facilities).
  • Current knowledge of Title 40 of the TAC and Chapter 18 governing Nursing Facility Administrators.

Responsibilities

  • Accountable for the care and services of all residents residing within the appointed facility.
  • Accountable for all regulations governing nursing facilities and nursing facility administrators.
  • Knowledge of duties of the trustee.
  • Follow the Standards of Conduct listed under Title 40, TAC 18.19 (1-26).
  • Ensure the facility is managed in the best interest of the residents.
  • Consider resident welfare in the disposition of the facility.
  • Maintain adequate staffing throughout the period of the trusteeship.

Under the Direction Of

  • The court

Responsible To

  • The court
  • The Texas Department of Aging and Disability Services, Regulatory Services
  • The Texas Attorney General
  • The defendant's attorney (facility)
  • Facility residents

Court-appointed trustee for an ICF/IID

Qualifications

  • Experience operating and managing an intermediate care facility for individuals with an intellectual disability or related conditions (ICF/IID), which includes care and active treatment issues, as well as staff and financial management
  • A minimum of five years of experience in the ICF/IID field preferred.

Responsibilities

  • Accountable for the health and safety of facility residents.
  • Accountable for day-to-day facility operations.
  • Maintain current knowledge of all regulations and state requirements for ICF/IIDs (Code of Federal Regulations Chapter 42, Subpart I — Conditions for Participation for Intermediate Care Facilities for the Mentally Retarded and the Texas Health and Safety Code Chapter 90 — Intermediate Care Facility Serving Persons with Mental Retardation or Related Conditions).
  • Ensure residents receive the care and services necessary to maintain their highest functioning levels, including individualized active treatment programs.
  • Consider resident welfare during the deliberation of the disposition of the facility.
  • Assess workshops, job sites, schools and other outside programs that residents attend.
  • Meet the staffing needs of the facility.

Under the Direction Of

  • The court

Responsible To

  • The court
  • The Texas Department Aging and Disability Services, Regulatory Services
  • The Texas Attorney General
  • The defendant's attorney (facility)
  • Facility residents

Court-appointed trustee for an assisted living facility

Qualifications

  • Experience with resident care issues, as well as staff and fiscal management of an assisted living facility.
  • A minimum of five years of experience in an assisted living setting preferred.
  • Meet the requirements for a "manager" as outlined in Title 40, Texas Administrative Code (TAC), Sub chapter C, 92.41(a)(1)(A-E) of the Licensing Standards for Assisted Living Facilities.

Responsibilities

  • Perform all management duties to ensure facility residents receive the care and services to meet their contract agreements.
  • Manage the facility in a fiscally responsible manner.
  • Maintain current knowledge of the standards governing licensure of assisted living facilities (Texas Health and Safety Code, Chapter 247 and Title 40, TAC, Chapter 92 — Licensing Standards for Assisted Living Facilities) for the state of Texas.

Under the Direction Of

  • The court

Responsible To

  • The court
  • The Texas Department of Aging and Disability Services, Regulatory Services
  • The Texas attorney general
  • The defendant's attorney (facility)
  • Facility residents

For more information about the trustee program or to request an application, call 512-438-2626 or email your request to derek.jakovich@dads.state.tx.us.

Application Process

  1. Request an application to become a trustee
    • Call Derek Jakovich at 512-438-2626 and give your name, phone number, mailing address and current nursing facility administrator's license number, if required, or
    • Email your request to derek.jakovich@dads.state.tx.us.
  2. Mail the application to the address indicated in the application packet. Please include the DADS mail code on the envelope.
  3. Once an application is received, DADS staff review:
    • your application,
    • the history of any facility where you have been an administrator,
    • your license(s) status,
    • references from past supervisors, and
    • your criminal history.
  4. You must attend a trustee orientation. Notice of the next scheduled orientation class will be sent to you.
  5. You will be interviewed by Regulatory Services staff and an attorney from the Legal Services Division.

Applicants who satisfy the requirements will be placed on a list of potential trustees. When a trustee is needed, an individual will be selected from the list and contacted to determine availability and interest in the appointment. If the individual agrees to serve, he or she will be recommended to the court, which will enter the order of appointment.