Section 10.78. Guardianship requirements.

 

(1)  When the amount of a single sum benefit payment to a minor, as defined under s. 54.01 (20) , Stats., or incompetent, as described in s. 54.10 (3) , Stats., exceeds $5,000, or when an annuity or disability annuity is payable, payment shall be made by the department to the court appointed guardian, for the benefit of the minor or incompetent, upon receipt of a certified copy of the letters of appointment. Letters of appointment shall be certified within the past 6 months. If the minor is married and has not been adjudged to be incompetent, the department shall make the payment to the minor.

(2)  If a guardianship is identified prior to payment, payment shall be made to the guardian, for the benefit of the minor or incompetent, upon receipt of a certified copy of the letters of appointment.

(3)  If there is a guardian of the estate and another guardian of the person, payment shall be made to the guardian of the estate.

Cr. Register, September, 1986, No. 369 , eff. 10-1-86; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register September 2006 No. 609 ; EmR0938 : emerg. r. (2), eff. 1-1-10; CR 10-004 : r. (2) Register July 2010 No. 655 , eff. 8-1-10; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register July 2010 No. 655 ; CR 11-040 : am. (1), renum. (3), (4) to be (2), (3) Register July 2012 No. 679 , eff. 8-1-12.