Title 34, Chapter 9, Section 226
( 34-9-226)
(a) Except as provided in this Code section, the only person capable
of representing a minor or legally incompetent claimant entitled to
workers' compensation benefits shall be a guardian duly appointed
and qualified by the probate court of the county of residence of
such minor or legally incompetent person. Said guardian shall be
required to file with the board a copy of the guardianship returns
filed annually with the probate court and give notice to all parties
within 30 days of any change in status. (b) The board shall have authority in and shall establish procedures
for appointing temporary guardians for purposes of administering
workers' compensation rights and benefits without such guardian
becoming the legally qualified guardian of any other property,
without such guardian's actions being approved by a court of record,
and without the posting of a bond, in only the following
circumstances: (1) The board may, in its discretion, authorize and appoint a
temporary guardian of a minor or legally incompetent person to
receive and administer weekly income benefits on behalf of and for
the benefit of said minor or legally incompetent person for a
period not to exceed 52 weeks unless renewed or extended by order
of the board; (2) The board may, in its discretion, authorize and appoint a
temporary guardian of a minor or legally incompetent person to
compromise and terminate any claim and receive any sum paid in
settlement for the benefits and use of said minor or legally
incompetent person where the net settlement amount approved by the
board is less than $25,000.00; and (3) If a minor or legally incompetent person does not have a duly
appointed representative or guardian, the board may, in its
discretion, appoint a guardian ad litem to bring or defend an
action under this chapter in the name of and for the benefit of
said minor or legally incompetent person to serve for a period not
to exceed 52 weeks, unless renewed or extended by order of the
board. However, no guardian ad litem appointed pursuant to this
Code section shall be permitted to receive the proceeds from any
such action except as provided in this Code section and the board
shall have the authority to determine compensation, if any, for
any guardian ad litem appointed pursuant to this Code section. |