February28,1972 

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Honorable Raymond W. Vowel1 State Department of Public Welfare John H. Reagan Building Austin, Texas 78701

Dear Mr. Vowell: Opinion No. M-1085 Re: The authority of the State Department of Public Welfare tomake payments directly to emancipated minor applicants for or recipients of assistance, and payments to the parents orpersons act**ing** in loco parentis for thebenefit of minor applicants for or recipients of assistance. Inyour recent letter to this office you ask our opinion as to the authority of the State Department of Public Welfare tomake assistance payments: 1. Directly tominor applicants or recipients in the Aid to theBlind and the Aid to the Permanently and Totally Disabled programs, where suchminors have been emancipated from parental control. 2. To the parents of an applicant or recipient, or another person acting in locoparentis to an applicant or recipient, where such payments would be authorized under Federal regulations. your letter further points out that departmental policy at thepresent time is tomake payments to the guardian of the minor, or to theminor directly only ifhis disabilities have been removed by the Court or through his marriage.

-5302-Honorable Raymond W. Vowell, page 2 (M-1085)

The first suggested policy change would permit payment directly to aminor who has been emancipated fromparental control. The second policy change would expand this further by allowing payment directly to anatural guardian (parent) or another person acting in loco parentis to theminor applicant or recipient. InAttorney General's Opinion No. WW-524 (1958) this office said the following:

"The Department of Public Welfare may make payments to a general guardian of the person of theward upon proper court order, but may not make payments to thenatural guardian of theward." The rationale of that opinion was that a guardian of the person of theward could not receive and expend public assistance payments unless he was authorized by aproper court order todo so. Such payments were considered tobe apart of the corpus of theward's estate andwere not income tohim (citing 21 Tex.Jur. 144, Sec. 158, and authorities). This same language andnecessary result arenow found in 27Texas Jurisprudence 2d 451-452, Guardian andWard, Section 129, citing the same authorities. This 1958 opinion also quoted Texas Jurisprudence as follows:

"Theauthority of the natural guardian insofar as the property of theward is concerned does not extend to general control or management, . . .'21Tex. Jur. 136, Sec. 152. This same quote and accompanying authorities can be found now in 27 Texas Jurisprudence 2d 455, Guardian andWard, Section 135. As a consequence, we do not find that there has been any change in the law governing this situation, and reaffirm our Opinion No. WW-524. It is, therefore, the opinion of this office that assistance payments tominor applicants or recipients under the programs here concerned may not bemade to natural guardians or to another person acting in locoparentis. The remaining aspect of your prospective policy change involves payment directly to emancipated minors. It is the opinion of this office that only thoseminors who have had their disabilities removed pursuant to the statutory provi- * sions contained inArticle 5921 through 5923a, Vernon's Civil Statutes, or pursuant tomarriage, may receive assistance payments directly from the Department. Express or implied consent
-5303-Honorable Raymond W. Vowell, page.3 (M-1085)

by aparent or natural guardian to emancipation of theminor does not remove legal disability nor affect theminor's right to disaffirm-contracts. Mast vs. Strahan, 225 S.W. 790 (Tex.Civ.App. 1920, nowrit). SUMMARY The State Department of Public Welfare has no authority tomake assistance payments under theAid to the Blind and theAid to the Permanently and Totally Disabled Programs, (1) directly tominor applicants, where suchminors have not had their disabilities removed pursuant toArticles 5921, et seq.,Vernon's Civil Statutes, or pursuant tomarriage, or (2)directly tonatural guardians of aminor applicant or recipient, or another person acting in loco parentis to aminor applicant or recipient. Attorney General Opinion No. WW-524 (1958) is reaffized.

Att ney General of Texas Prepared by James H. Quick Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E.Allen, Co-Chairman Arthur Sandlin Sam Jones Harriet Burke Fisher Tyler

SAMUEL D. MCDANIEL Staff Legal Assistant

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Honorable Raymond W. Vowell, page 4 (M-1085)

,ALFREDWAGKER ; .~xecutive‘:,.Assis"tant

"S. . . ~. NOLA WHITE First Assistant

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