A. Program assistance made to incompetent members shall be made payable to the legal guardian, or to the person holding a valid power of attorney for such incompetent member, or otherwise as provided by tribal law. The legal guardian or the person holding a valid power of attorney for such incompetent member shall maintain records and, upon request from the office of the Chairperson, shall account to the Tribe in sufficient detail to demonstrate the funds disbursed were expended as required by this chapter, or otherwise applicable tribal or federal law. The office of the Chairperson may deny payment to the legal guardian or person holding a valid power of attorney for such incompetent member if the legal guardian or person holding the valid power of attorney fails to demonstrate to the satisfaction of the office of the Chairperson that program assistance is being used to provide for the incompetent member’s personal health, education, or welfare.

B. Upon written request, the Tribal Council may waive the requirement that an incompetent member obtain a high school diploma, GED or the equivalent demonstrating successful completion of secondary education. The Tribal Council may request and review information and documentation to support the request for a waiver, including a statement explaining how the circumstances impact the ability of the incompetent member to meet the requirement. (Res. 2023-44 Exh. A)