Subdivision 1. Need for protective payee. The county agency shall determine whether a recipient needs a protective payee when a physical or mental condition renders the recipient unable to manage funds and when payments to the recipient would be contrary to the recipient's welfare. Protective payments must be issued when there is evidence of: (1) repeated inability to plan the use of income to meet necessary expenditures; (2) repeated observation that the recipient is not properly fed or clothed; (3) repeated failure to meet obligations for rent, utilities, food, and other essentials; (4) evictions or a repeated incurrence of debts; or (5) lost or stolen checks. The determination of representative payment by the Social Security Administration for the recipient is sufficient reason for protective payment of Minnesota supplemental aid payments.
Subd. 2. Establishing protective payment. When the county agency determines that a recipient needs a protective payee, the county agency shall appoint a payee according to the procedures in paragraphs (a) and (b).
(a) The county agency shall consider the recipient's preference of protective payee. The protective payee must have an interest in or concern for the welfare of the recipient. The protective payee must be capable of and willing to provide the required assistance. A vendor of goods or services, including the recipient's landlord, shall not serve as protective payee.
(b) The county agency shall reconsider the need for a protective payee at least annually. The criteria used to determine a person's continuing need for a protective payee are the criteria used in the Supplemental Security Income program to determine if a person is incapable of managing or directing the management of the person's money. If the need for protective payment is likely to continue beyond two years, the county agency shall seek judicial appointment of a guardian or other legal representative.
Subd. 3. Protective payee for payments made by the Social Security Administration. If the assistance unit receives benefits from the Social Security Administration, the county agency shall also petition the Social Security Administration to establish a representative payee for those benefits.
1989 c 282 art 5 s 107; 1995 c 207 art 5 s 27; 1Sp2003 c 14 art 1 s 7
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 256D — Economic Assistance And Food Support
Section 256D.01 — Declaration Of Policy; Citation.
Section 256D.02 — Definitions.
Section 256D.024 — Persons Prohibited From Receiving Benefits.
Section 256D.03 — Responsibility To Provide General Assistance.
Section 256D.04 — Duties Of The Commissioner.
Section 256D.045 — Social Security Number Required.
Section 256D.05 — Eligibility For General Assistance.
Section 256D.06 — Amount Of Assistance.
Section 256D.07 — Time Of Payment Of Assistance.
Section 256D.08 — Exclusion From Resources.
Section 256D.09 — Payment; Assessment; Overpayment.
Section 256D.10 — Administrative Hearing Prior To Adverse Action.
Section 256D.13 — Mandamus To Compel Payment Of General Assistance.
Section 256D.15 — Relative's Responsibility.
Section 256D.16 — General Assistance To Be Allowed As Claim In Court.
Section 256D.17 — Data Processing Procedures.
Section 256D.19 — Abolition Of Township System Of Poor Relief.
Section 256D.20 — Transfer Of Town Employees.
Section 256D.21 — Continuation Of Benefits; Former Minneapolis Employees.
Section 256D.23 — Temporary County Assistance Program.
Section 256D.35 — Definitions.
Section 256D.36 — State Participation.
Section 256D.395 — Application Procedures.
Section 256D.405 — Verification And Reporting Requirements.
Section 256D.415 — Residence; County Of Financial Responsibility.
Section 256D.425 — Eligibility Criteria.
Section 256D.44 — Standards Of Assistance.
Section 256D.45 — Payment Period.
Section 256D.47 — Payment Methods.
Section 256D.48 — Protective Payments.
Section 256D.53 — Duties Of The Commissioner.
Section 256D.54 — Application For Other Benefits.
Section 256D.60 — Snap Employment And Training Program.
Section 256D.61 — Federal Waiver.
Section 256D.62 — Asset Limitations For Supplemental Nutrition Assistance Program Households.