Guardianship Attorney

Brief Job Description

This position is an attorney in the Guardianship Department. The Guardianship Department is one of seven departments in the Legal Services Division of the HHS Office of Chief Counsel (OCC). The Guardianship Department is organized into two teams, both providing legal support for the HHSC Office of Guardianship Services (OGS). The team with this position also provides legal support to State Hospitals (SH) and State Supported Living Centers (SSLCs) on collections and psychoactive medication hearings (PMH) for the SSLCs. This position will perform highly complex (senior-level) legal work. The position provides direct representation, or support to other attorneys, in guardianship cases in court, and legal support to guardianship program, including guardianship administration and related matters in other forums, for assigned guardianship program units or HHSC regions. The position also provides direct representation, or support to other attorneys, in court, and representation in administrative hearings, in collection matters, for assigned state facilities. The position also provides direct representation, or support for other attorneys, in court on PMH matters, for assigned SSLCs. This position works under limited supervision, with considerable latitude for the use of initiative and independent judgment. The attorney may provide guidance to others, prepare and/or assist in preparing cases for trial, represent the agency in matters before a court as appropriate, and perform research for policy and process questions. This position may be eligible for telework. Please note, all HHS positions are subject to state and agency telework policies in addition to the discretion of the direct supervisor and business needs.

Essential Job Functions

• Attends work on a regular and predictable schedule in accordance with agency leave policy and performs other duties as assigned.
• (30%) Advises staff on legal matters and the interpretation and application of agency policy, state and federal rules, regulations and laws.
• (15%) Assists in preparing guardianship cases for court trial, directly represents the agency in guardianship and related matters before a court or other forum as appropriate or supports other attorneys doing the same.
• (15%) Assists in preparing collections and psychoactive medication hearing cases for court trial or administrative hearing as applicable, directly represents the agency before a court or other forum as appropriate or supports other attorneys doing the same.
• (10%) Provides research for policy and process questions.
• (10%) Prepares legal opinions, briefs, proposals, and reports.
• (10%) May research, draft, and/or assist in drafting legislative bills, amendments, agency rules and policies.
• (10%) Performs related work as assigned.

Registrations, Licensure Requirements or Certifications

Must hold a Juris Doctor degree from an accredited law school and be licensed to practice law in the State of Texas. Must be a member in good standing with the State Bar of Texas and must have or obtain the State Bar of Texas attorney certification for guardianship.

Knowledge, Skills and Abilities

• Knowledge of legal principles, practices, and proceedings; of state and federal laws, rules, and regulations; and of agency administrative rules, regulations and policies.
• Skill in legal research, writing, and analysis; in the use of a computer and applicable software; in using reasoning and logic; in identifying and solving complex problems; in prioritizing workloads; and in using judgment to identify courses of action.
• Ability to handle hearings, to prepare opinions and briefs, to prepare cases for trial, to conduct research, to summarize findings, to interpret and apply laws, to use legal reference materials, and to communicate effectively.

Initial Screening Criteria

• Experience in guardianship, probate, collections, psychoactive medication hearings, mental health, intellectual disability, criminal prosecution or defense, work with county attorneys, district attorneys, or Office of Attorney General, appeals and any public service preferred but not required. One to two years experience practicing law or working in a related legal field preferred but not required.

Additional Information

• This posting is for one position that may be located in San Antonio or Houston, depending on the location of the selected applicant.
• If selected for an interview, the candidate must provide a writing sample at the time of interview.
• If the applicant has an Attorney ad Litem (AAL) certification to handle guardianship cases, please include this information in your application at the top of Page 2, section for license and certification information.
• Review our Tips for Success when applying for jobs at DFPS, DSHS and HHSC.
• Active Duty, Military, Reservists, Guardsmen, and Veterans: Military occupation(s) that relate to the initial selection criteria and registration or licensure requirements for this position may include, but not limited to those listed in this posting. All active-duty military, reservists, guardsmen, and veterans are encouraged to apply if qualified to fill this position. For more information please see the Texas State Auditor’s Job Descriptions, Military Crosswalk and Military Crosswalk Guide at Texas State Auditor's Office - Job Descriptions.
• ADA Accommodations: In compliance with the Americans with Disabilities Act (ADA), HHSC and DSHS agencies will provide reasonable accommodation during the hiring and selection process for qualified individuals with a disability. If you need assistance completing the on-line application, contact the HHS Employee Service Center at 1-888-894-4747. If you are contacted for an interview and need accommodation to participate in the interview process, please notify the person scheduling the interview.
• Pre-Employment Checks and Work Eligibility: Depending on the program area and position requirements, applicants selected for hire may be required to pass background and other due diligence checks.
• HHSC uses E-Verify. You must bring your I-9 documentation with you on your first day of work. Download the I-9 Form
• Telework Disclaimer: This position may be eligible for telework. Please note, all HHS positions are subject to state and agency telework policies in addition to the discretion of the direct supervisor and business needs.