8 AAC 45.190. Guardianship

(a) In death cases where there are minor or mentally incompetent beneficiaries and the amount of compensation to be paid in a lump sum to the beneficiary does not exceed $5,000, the board will, in its discretion, order compensation to be paid in a lump sum on behalf of the beneficiary directly to the natural guardian of the beneficiary if the board finds that payment of compensation to the natural guardian is in the best interest of the beneficiary.

(b) In each case where there is a minor or mentally incompetent beneficiary and the amount to be paid in a lump sum to the beneficiary exceeds or potentially exceeds $5,000, the board will require the appointment of a guardian or conservator to represent the interests of the beneficiary and to receive payments in trust for the beneficiary.

(c) The employer shall pay benefits under (b) of this section into an interest-bearing account at a federally insured commercial bank or lending institution until the conservator or guardian is appointed.

History: Eff. 5/28/83, Register 86

Authority: AS 23.30.005

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