(a) Issuance of
benefits shall be made to the protective payee under section
17-681-3.
(b) The selection of the
protective payee shall be made by the recipient or with the recipient's
participation or consent. The individual who is selected as the protective
payee shall:
(1) Demonstrate a sincere
interest and concern in the recipient's general welfare as evidenced by regular
visits and efforts to help at times of crisis;
(2) Be capable of helping the recipient
properly receive and manage the recipient's income, and shall supervise the
recipient's use of the financial assistance benefit;
(3) Be capable of working closely with the
recipient and assisting to teach basic home management skills, including ways
to cope with everyday problems;
(4)
Not be a vendor of goods or service dealing directly with the
recipient;
(5) Not be an
administrator, eligibility worker, or other employee of the department dealing
directly with the fiscal processes of the recipient's assistance
grant;
(6) Be reliable and of good
character;
(7) Share in the
responsibility with the department for the development and evaluation of plans
to improve the recipient's capacity and capability to handle money;
and
(8) Respect the recipient's
right to confidentiality. The department shall inform the protective payee of
the recipient's right to confidentiality and shall limit the information shared
with the payee to those facts about the family that are pertinent to fulfilling
the payee's responsibility.
(c) In situations involving money
mismanagement, issuance of benefits to a protective payee shall not exceed two
years and shall be terminated when:
(1) The
eligibility worker, with supervisory approval, determines that the recipient or
caretaker is able to manage the funds in the best interest of the recipient;
or
(2) Judicial appointment of a
guardian or other legal representative has been approved or denied after action
for legal adjudication has been sought by the department or any other
interested party, because it appears that the need for protective payments
would continue beyond two years.
(d) The recipient shall be informed of the
recipient's right to appeal and have an administrative hearing on the
determination of the protective payee plan or the payee selected.
(e) A review shall be made as frequently as
indicated by the individual's or family's circumstances, but not less
frequently than every twelve months to:
(1)
Determine the continued need for protective payment; and
(2) Ensure that the protective payee is
carrying out the responsibilities of a protective payee.
