EXCEPTION FOR CERTAIN LEGAL ASSISTANCE

(a) Notwithstanding Section 81.101(a), the "practice of law" does not include technical advice, consultation, and document completion assistance provided by an employee or volunteer of an area agency on aging affiliated with the Health and Human Services Commission who meets the requirements of Subsection (b) if that advice, consultation, and assistance relates to: (1) a medical power of attorney or other advance directive under Chapter 166, Health and Safety Code; or (2) a designation of guardian before need arises under Section 1104.202, Estates Code. (b) An employee or volunteer described by Subsection (a) must: (1) provide benefits counseling through an area agency on aging system of access and assistance to agency clients; (2) comply with rules adopted by the Texas Department on Aging regarding qualifications, training requirements, and other requirements for providing benefits counseling services, including legal assistance and legal awareness services; (3) have received specific training in providing the technical advice, consultation, and assistance described by Subsection (a); and (4) be certified by the Texas Department on Aging as having met the requirements of this subsection. (c) The Texas Department on Aging by rule shall develop certification procedures by which the department certifies that an employee or volunteer described by Subsection (a) has met the requirements of Subsections (b)(1), (2), and (3).