§ 35A-3-109 — Assistance provided to guardian or other caretaker -- Periodic review.

(1) At the discretion of the department, the department may pay the public assistance to the legal guardian of a recipient.
(2) The department may only provide cash assistance on behalf of an eligible recipient under Part 3, Family Employment Program, to another individual interested in or concerned with the welfare of the recipient if:

(2)(a) by reason of the recipient's physical or mental condition, the recipient is unable to manage funds;
(2)(b) the provision of cash assistance directly to the recipient would be contrary to the recipient's welfare; or
(2)(c) the department is acting according to federal requirements.
(3) The department shall:

(3)(a) undertake or contract with other state agencies to make special efforts to protect the welfare of a recipient and improve the recipient's capacity for self-care; and
(3)(b) periodically review a recipient's condition to determine whether, in the best interest of the recipient:
(3)(b)(i) cash assistance that is provided to an individual other than the recipient should be discontinued; or
(3)(b)(ii) a legal guardian should be appointed.

Legislative History

Amended by Chapter 221, 2015 General Session