35A-3-109. Assistance provided to guardian or other caretaker -- Periodic review.
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Effective 5/12/2015
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:
(a)by reason of the recipient's physical or mental condition, the recipient is unable to manage funds;
(b)the provision of cash assistance directly to the recipient would be contrary to the recipient's welfare; or
(c)the department is acting according to federal requirements.
(3)The department shall:
(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
(b)periodically review a recipient's condition to determine whether, in the best interest of the recipient:
(i)cash assistance that is provided to an individual other than the recipient should be discontinued; or
(ii)a legal guardian should be appointed.
Amended by Chapter 221 , 2015 General Session