Oklahoma Department of Human Services
Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd. • Oklahoma City, OK 73105
(405) 521-3646 • Fax (405) 521-6684 • Internet: www.okdhs.org
 
340:100-3-5.2. Guardianship Voucher Program
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Revised 5-15-09

 

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

  • (1) receive Developmental Disabilities Services Division (DDSD) Home and Community-Based Services (HCBS) Waiver; or
  • (2) are residents of Northern Oklahoma Resource Center of Enid (NORCE), Southern Oklahoma Resource Center (SORC), and Robert M. Greer Center (Greer).

(b) Payment.  Payment for legal services is contingent upon availability of resources and does not exceed $700 per service recipient. 

(c) Participation.  Participation in the Guardianship Voucher Program extends only to those service recipients who have been determined, per OAC 340:100-3-5, to need a service listed in OAC 340:100-3-5.2.

(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.  Requests for payment for subsequent legal services related to the guardianship of the same service recipient may be approved by the DDSD director or designee.

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

  • (1) a relative of the service recipient or a volunteer certified in accordance with OAC 340:100-3-5.1; and
  • (2) recommended by the DDSD Personal Support Team.

(g) Financial eligibility.

  • (1) Approved prospective volunteer guardians are exempt from financial eligibility requirements.
  • (2) When the spouse, mother, or father of the service recipient is applying to be the guardian, such applicant is subject to financial eligibility requirements.  To be financially eligible to receive a guardianship voucher, the annual adjusted gross income of the applicant spouse or household income of the applicant mother or father of the service recipient 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 DDSD case manager assigned to the service recipient, the area guardianship coordinator, resource center guardianship coordinator, or volunteer guardianship agency.
  • (2) The spouse, mother, or father making application for the guardianship voucher must submit required income verification, per OAC 340:100-3-5.2(i).
  • (3) Applications are sent to the DDSD guardianship programs manager.
  • (4) Any incomplete application is returned to the applicant for correction.
  • (5) Applications for the guardianship voucher are considered in chronological order of receipt at DDSD State Office.
  • (6) The number of applications approved is determined by available funding.  Applications not approved during a fiscal year due to insufficient funding are placed on a waiting list in the chronological order received and are processed as funds become available.

(i) Verification of income.  If the applicant is the spouse, mother, or father of the service recipient, 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 subsidy, or other types of income.

(j) Notification of application status.  The applicant is provided written notice of approval, denial, or placement on the waiting list of the application for the guardianship voucher within 30 calendar days of receipt of completed Form 06MP030E at DDSD 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 for 365 days from the date of issuance. 

(l) Submitting voucher for payment.  Upon completion of the guardianship proceedings, the attorney who provides the service submits Form 06MP031E to DDSD 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.  Form 06MP031E and required documentation must be received by the DDSD guardianship programs manager within 365 days from the date of issuance, or Form 06MP031E expires and is null and void.

(m) Fair hearing.  Any person who has been denied a voucher may request a hearing in accordance with OAC 340:2-5. 

 

Last Updated:  10/3/2012