3-008.04D In Mismanagement Cases

Protective payments are to be used only for those clients who have the capacity to learn to manage their funds and are not intended for those whose mental or physical limitations would prevent them from learning how to manage their own affairs.

The protective payments are designed for those persons who exhibit a deliberate mismanagement of money, or whose lack of experience or previous training in money management and budgeting creates mis- management.

The worker shall take into account whether:

1. The family has experienced some emergency or extraordinary event for which it was appropriate for available funds to be spent;
2. Expenses for necessary bills exceed the client's grant and other income; or
3. The family has withheld the payment as a reasonable exercise of consumer rights when there is a legitimate dispute as to whether terms of an agreement have been met.

It is necessary to identify children whose relatives have demonstrated such an inability to manage funds that payments have not been or are not currently being used in the best interests of the child.

Before a protective payee can be assigned, the client must have consistently mismanaged current ADC funds.

(3/8/88)

3-008.04D1 Evidence of Mismanagement

3-008.04D2 Notification of Client

3-008.04D3 Preliminary Services

3-008.04D4 Role of Payee

3-008.04D5 Services

3-008.04D6 Case Record

3-008.04D7 Time Limit