Guardianship Assistance; Successor Guardian.

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Sec. 5c.

(1) Subject to provisions of this act, the department may pay guardianship assistance to an eligible successor guardian on behalf of an eligible child.

(2) The successor guardian shall apply for guardianship assistance under this act to the department.

(3) The preceding guardianship assistance agreement may be transferred to a successor guardian who has been appointed by the court. This occurs when the successor guardian enters into a written, binding guardianship assistance agreement with the department.

(4) Payment of guardian assistance shall not be made to a successor guardian until the court appoints a successor guardian. If the successor guardian began caring for the child before the court appoints the successor guardian, guardianship assistance payments can be made retroactively to either the date of death of the relative guardian, the date of incapacity of the relative guardian, or the date the successor guardian assumed care of the child, whichever is later.

(5) A successor guardian may be eligible to receive guardianship assistance on behalf of an eligible child if the department determines that all of the following apply:

(a) A guardianship assistance agreement for the child was in effect before the appointment of the successor guardian.

(b) The successor guardian was appointed by the court as a result of the death or incapacitation of the preceding guardian.

(c) The preceding guardian had an active guardianship assistance agreement for the child before his or her death or incapacitation.

(d) The successor guardian meets all of the conditions set forth in this act.

History: Add. 2015, Act 227, Imd. Eff. Dec. 17, 2015


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