(1) In the event of the death or incapacity of the guardian, the GAP subsidy will transfer to the successor guardian named in the GAP agreement.

(2) The GAP agreement must be amended when the named successor guardian becomes the guardian.

(3) Before the GAP cash payment is transferred to the successor guardian:

(a) The successor guardian and all individuals aged 16 and older living in the successor guardian's home must pass the department's background check requirements.

(b) The successor guardian must establish guardianship of the child or youth.

(4) The successor guardian does not need to be a relative or have a foster care license to receive the GAP subsidy.