208.180. Payment of benefits, to whom--disposition of benefit check of deceased person.
Payment of benefits, to whom--disposition of benefit check of deceasedperson.
208.180. 1. Payment of benefits hereunder shall be mademonthly in advance, at such regular intervals as shall bedetermined by the division of family services, directly to therecipient, or in the event of his incapacity or disability, tohis legally appointed conservator, and except as provided insubsection 2, in the case of a dependent child to the relativewith whom he lives; provided, that payments for the cost ofauthorized inpatient hospital or nursing home care in behalf ofan individual may be made after the care is received eitherduring his lifetime or after his death to the person, firm,corporation, association, institution, or agency furnishing suchcare, and shall be considered as the equivalent of payment to theindividual to whom such care was rendered. All incapacity ordisability proceedings of persons applying for or receivingbenefits under this law shall be carried out without fee or otherexpense when in the opinion of the probate division of thecircuit court the person is unable to assume such expense. Atthe discretion of the court such a guardian or conservator mayserve without bond.
2. Payment of benefits with respect to a dependent child maybe made, pursuant to regulations of the division of familyservices, to an individual, other than the relative with whom helives, who is interested in or concerned with the welfare of thechild, or who is furnishing food, living accommodations or othergoods, services or items to or for the dependent child, in thefollowing cases:
(1) Where the relative with whom the child lives hasdemonstrated an inability to manage funds to the extent thatpayments to him have not been or are not being used in the bestinterest of the child; or
(2) Where the relative has refused to participate in a workor training program to which he has been referred under section208.042.
3. Whenever any recipient shall have died after the issuanceof a benefit check to him, or on or after the date upon which abenefit check was due and payable to him, and before the same isendorsed or presented for payment by the recipient, the probatedivision of the circuit court of the county in which therecipient resided at the time of his death shall, on the filingof an affidavit by one of the next of kin, or creditor of thedeceased recipient, and upon the court being satisfied as to thecorrectness of such affidavit, make an order authorizing anddirecting such next of kin, or creditor, to endorse and collectthe check, which shall be paid upon presentation with a certifiedcopy of the order attached to the check and the proceeds of whichshall be applied upon the funeral expenses and the debts of thedecedent, duly approved by the probate division of the circuitcourt, and it shall not be necessary that an administrator beappointed for the estate of the decedent in order to collect thebenefit check. No cost shall be charged in such proceedings.Such affidavit filed by one of the next of kin, or creditor,shall state the name of the deceased recipient, the date of hisdeath, the amount and number of such benefit check, the funeralexpenses and debts owed by the decedent, and whether the decedenthad any estate other than the unpaid benefit check and, in theevent the decedent had an estate that requires administration,the provisions of this section shall not apply and the estate ofthe decedent shall be administered upon in the same manner asestates of other deceased persons.
(RSMo 1939 § 9417, A.L. 1941 p. 647, A.L. 1959 H.B. 1, A.L. 1969 H.B. 804, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45)