39-73-111. Representative payee -- appointment -- duties. (1) The department of labor and industry may appoint a representative payee to apply for and receive payment of silicosis benefits on behalf of a person eligible for such payments or his beneficiary if the department determines that such appointment is in the best interests of the person or his beneficiary. The representative payee may be a person, a corporation, a government agency, or an institution, including a nursing home or extended care facility providing care for the person or his beneficiary.
     (2) To determine the best interests of the eligible person or his beneficiary for appointment of a representative payee, the department may consider:
     (a) a court determination of incompetence;
     (b) medical evidence;
     (c) relevant information from any person, corporation, government agency, or institution; and
     (d) other relevant information.
     (3) The department shall:
     (a) determine the circumstances in which a representative payee may be appointed;
     (b) establish procedures for his appointment; and
     (c) establish the representative payee's responsibilities.
     (4) The representative payee shall:
     (a) act as a trustee to the person eligible for silicosis payments or his beneficiary in handling payments received; and
     (b) maintain and expend such funds for the benefit and best interests of the eligible person or his beneficiary.
     (5) The department's obligation under this chapter is fully discharged upon payment of benefits to the representative payee.

     History: En. Sec. 1, Ch. 69, L. 1989; amd. Sec. 64, Ch. 613, L. 1989.