SECTION 340:65-5-60. Circumstances under which a guardian or conservator may be needed

  An applicant or recipient who is physically or mentally incompetent may need the protection afforded by a guardian or conservatorship. When the social services specialist becomes aware a guardian or conservator is needed, assistance is offered in helping the family to select a person if the client has not selected a person and a person is not immediately available.

(1)   For State Supplemental Payment (SSP) recipients age 65 or older, legal guardianship or conservatorship is the only method by which the payment can be made to a person other than the recipient. If the SSP recipient is under age 65, legal guardianship or conservatorship may be used for the protection of an incompetent adult.

If the SSP recipient is under age 16, a natural guardian, if available, may be substituted. [OAC 340:15]

(2)   For Temporary Assistance for Needy Families (TANF) benefits the relative payee of a dependent child need not be appointed as guardian to receive benefits on behalf of the child. If a child has a guardian, the payment can be made only to the eligible relative in whose home the child resides. If the eligible relative with whom the child resides has a guardian, the payment is made to the guardian of this relative.

[Source: Amended at 10 Ok Reg 4465, eff 8-5-93 (emergency); Amended at 11 Ok Reg 1687, eff 5-12-94; Amended at 18 Ok Reg 2096, eff 7-1-01]