PRESS RELEASE : Landmark Guardianship Rules passed to protect the most vulnerable in Texas county jails 

AUSTIN, Texas: The Texas Commission on Jail Standards (TCJS) passed landmark guardianship rules at today’s quarterly meeting to protect people in Texas county jails who have court appointed guardians. This population largely comprises individuals with intellectual and developmental disabilities (IDD) and serious mental illness, who were deemed to have limited or no capacity to care for themselves. Texas Jail Project led the charge to draft these rules in 2024 soon after its co-founder and executive director, Krish Gundu, was appointed as a voting member on the TCJS Administrative Rules Advisory Committee. The rules passed unanimously.

Before today’s passage of the Guardianship Rules, Texas county jails were the only state institution without rules, minimum standards, or guidance in care for people who have been legally appointed a Guardian or a Legally Authorized Representative (LAR). Guardians/LAR are appointed under Texas Estates law when a person is deemed unable to care for themselves, and is a right guaranteed to all Texas Guardians. Incarceration does not annul this right. 

The new Guardianship rules include mandates to:  

• Notify and seek consent from a Guardian or LAR when a person is unable to provide informed consent for medical care 
• Allow the Guardian/LA access to a person’s medical records in accordance with HIPPA regulations 
• Document decisionmaking for medical treatment, consent, refusal, and Guardian/LAR involvement
• Coordinate release from jail with the Guardian/LAR, and release the person into the custody of the Guardian/LAR or a person/facility of the Guardian/LAR’s choice 

“These rules are long overdue. They come at a time when the population of people with severe disabilities is rapidly growing in our jails due to increased criminalization and reduced options for care. These rules were informed by our advocacy in numerous high profile cases such as Kelly Masten, Gabriel Piñon, Kai’rie Campbell and most recently Shawn Fraraccio – individuals who are wards with limited or no capacity to advocate for themselves. They are subject to a greater risk of harm during their incarceration. The new guardianship rules will strengthen measures to protect wards and ensure some level of continuity of care,” Krish Gundu, executive director of Texas Jail Project, and primary author of the guardianship rules. 

Texas Jail Project supports and advocates alongside families who are directly impacted by the pretrial detention system including those who have lost loved ones in the custody of Texas county jails. A disproportionate number of those who are harmed or die in custody are people with serious disabilities and persistent mental illness. Individuals with guardians are particularly vulnerable in a jail setting due to their limited capacity to comprehend and meaningfully engage in their own care.

“If these rules had been in place last year my daughter would likely not have ended up in a coma during her incarceration in Comal county jail. Her court appointed guardian would have intervened to prevent the irreparable harm that was caused due to lack of appropriate medical care,” said Vernon Piloff, father of a young woman with IDD and mental illness who was hospitalized for six weeks after spending months in solitary confinement. 

Texas county jails are the largest warehouse of people with mental illness in the state. Today’s ruling will ensure that the right to legal guardianship is protected for the most vulnerable population in Texas county jails – making jails safer for everybody and decreasing the liability of counties. 

The rules will be posted on the Texas State Registry website for public comment before being formally adopted to the TCJS Minimum Standards.