HAR §17-681-8. Protective payment

(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 §17-681-8 681-8 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. [Eff 3/19/93; am 1/25/97; am 1/17/08; am and comp 6/24/13] (Auth: HRS §§346-l4, 346-53) (Imp: HRS §346-38; 45 C.F.R. §§233.90, 234.11, 234.60, 234.70)