(a) Introduction And Legal Authority. The Texas Department of Mental Health and Mental Retardation (TDMHMR) and Texas Department of Human Services (TDHS) enter into a memorandum of understanding (MOU) in accordance with Texas Health and Safety Code (THSC), §533.044. The statute requires the use of a uniform assessment tool to assess whether an elderly person, a person with mental retardation, a person with a developmental disability, or a person who is suspected of being a person with mental retardation or a developmental disability and who is receiving services in a facility regulated or operated by TDMHMR or TDHS needs a guardian of the person or estate or both. TDMHMR and TDHS agree to require the following entities, as indicated, to comply with the provisions of this MOU:(1) TDMHMR: state facilities; local mental retardation authorities and their contractors; and providers in the ICF/MR/RC or Medicaid waiver programs; and(2) TDHS: nursing facilities.(b) Definitions: The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:(1) Capacity Assessment for Self Care and Financial Management -- The uniform capacity assessment instrument developed by TDMHMR and TDHS in compliance with THSC, §533.044, for use by providers described in subsection (a)(1) and (2) of this section to assess an individual's:(A) ability to make a decision and communicate that decision to others; and(B) capacity to:(i) substantially provide the individual's food, clothing, or shelter;(ii) care for the individual's physical health; or(iii) manage the individual's financial affairs.(2) Developmental disability (related condition) -- In accordance with the Code of Federal Regulations,