Okla. Admin. Code § 340:100-3-5.2

Current through Vol. 42, No. 4, November 1, 2024

Section 340:100-3-5.2 - Guardianship Voucher Program

(a)Scope and applicability. Section 1415 of Title 10 and Section 228 of Title 56 of the Oklahoma Statutes, establishes the requirements for Oklahoma Human Services (OKDHS) to pay for legal fees associated with guardianship proceedings for persons, who:

(1) are members of the Homeward Bound class;

(2) receive Developmental Disabilities Services (DDS) Home and Community-Based Services Waiver services and are determined by the DDS director or designee to need guardianship due to imminent risk to health, safety, or finances; or

(3) are Robert M. Greer Center residents and are determined by the DDS director or designee to need guardianship due to imminent risk to health, safety, or finances.

(b)Payment. Payment for legal services is contingent upon resource availability and does not exceed the rate defined in the OKDHS Appendix D-26, Developmental Disabilities Services Rates Schedule. Priority for funding is for groups in the order identified by (a) of this Section.

(c)Participation. Participation in the Guardianship Voucher Program extends only to service recipients determined, per Oklahoma Administrative Code (OAC) 340:100-3-5, to need a service listed in (d) of this Section.

(d)Services. Payment may be made for legal services necessary to:

(1) establish guardianship;

(2) replace, change, or add a guardian;

(3) appoint a successor guardian;

(4) alter the terms or level of an established guardianship; or

(5) restore the ward's capacity.

(e)Subsequent services. The DDS director or designee may approve requests for payment for subsequent legal services related to the guardianship of the same service recipient.

(f)Eligibility. The guardian or potential guardian applying for a voucher must be:

(1) a service recipient's relative or a volunteer, per OAC 340:100-3-5.1; and

(2) recommended by the DDS Personal Support Team.

(g)Financial eligibility.

(1) Approved prospective volunteer guardians are exempt from financial eligibility requirements.

(2) When the service recipient's spouse, mother, or father is applying to be the guardian, he or she is subject to financial eligibility requirements. To be financially eligible to receive a guardianship voucher, the applicant spouse's annual adjusted gross income or the applicant's mother's or father's household income must be $60,000 or less.

(3) Other relatives who desire to become the service recipient's guardian are exempt from the financial eligibility criteria.

(h)Guardianship voucher application.

(1) Form 06MP030E, Guardianship Voucher Application, is available from the DDS case manager assigned to the service recipient.

(2) The applicant's spouse, mother, or father applying for the guardianship voucher must submit required income verification, per OAC 340:100-3-5.2(i).

(3) Applications are sent to the DDS director or designee.

(4) Incomplete applications are returned to applicants for correction.

(5) Guardianship voucher applications are considered in chronological order of receipt at DDS State Office, with priority given to Homeward Bound class members.

(6) The number of applications approved is determined by available funding and, eligibility, per (a) of this Section.

(i)Income verification. When the applicant is the service recipient's spouse, mother, or father, verification of annual income must be provided. Acceptable forms of verification include a signed copy of the applicant's most recent federal income tax return or documentation of all sources of income from Supplemental Security Income, Temporary Assistance for Needy Families, child support, alimony, other state or federal subsidies, or other types of income.

(j)Notification of application status. The applicant is provided written notice of approval or denial within 30-calendar days of receipt of completed Form 06MP030E at DDS State Office.

(k)Issuance and expiration of guardianship voucher. When an application for the guardianship voucher is approved, dated Form 06MP031E, Guardianship Voucher, is issued to the applicant who then seeks and retains legal counsel. Each Form 06MP031E is approved for use from the date of issuance and is valid through the printed expiration date on the voucher.

(l)Submitting voucher for payment. Upon completion of the guardianship proceedings, the attorney who provides the service submits Form 06MP031E to DDS State Office for payment. A copy of all pleadings filed, the letters of guardianship, the guardianship order, Plan for the Care and Treatment of the Ward, and an itemized bill for legal services must be attached to Form 06MP031E. Designated DDS State Office staff must receive Form 06MP031E and required documentation prior to the expiration date identified, or Form 06MP031E expires and is null and void.

(m)Fair hearing. Any person who was denied a voucher may request a hearing, per OAC 340:2-5.

Okla. Admin. Code § 340:100-3-5.2

Added at 15 Ok Reg 948, eff 5-11-98 (emergency); Added at 15 Ok Reg 1666, eff 5-11-98; Amended at 21 Ok Reg 888, eff 4-26-04; Amended at 24 Ok Reg 1046, eff 5-11-07; Amended at 26 Ok Reg 922, eff 5-15-09

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/16/2019

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 9/15/2023