2007 Minnesota Statutes

256D.48 PROTECTIVE PAYMENTS.
    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.
History: 1989 c 282 art 5 s 107; 1995 c 207 art 5 s 27; 1Sp2003 c 14 art 1 s 7