My local Department of Family and Protective Services has lost an attorney that apparently used to do all of the guardianship applications for APS (Adult Protective Services) and is now coming to me to file these applications. I was just wondering if other County Attorneys were doing this type of work. My concern (other than my lack of resources and knowledge) is the possibility of waiving immunity. Any thoughts?

It is my understanding that "technically" we are supposed to be doing CPS and APS legal work. Those of us living and working in rural west TExas have been lucky enough to be in a part of the state where CPS/APS still has their own counsel. Since it is technically our responsibility, there shouldn't be any immunity problems.

I have done a couple of these for APS. I tend to check things out pretty carefully, and am not eager to take rights away from older people on their say so. As a result, the caseworkers don't like me and tend to go find a "real" (ie APS) lawyer!

I guess that's my problem -- I'm too darned likeable.

I've done a few of those but our APS worker (non-lawyer type) prepares all the paperwork. I just sign the petition and then lead her through the testimony.