(a) Within 30 days after an individual is admitted
to a facility, the IDT must determine if the individual has the ability
to:
(1) manage his or her personal funds; and
(2) decide who manages his or her personal funds.
(b) The determination must be based on an assessment
of the individual's understanding of financial management, including:
(1) mathematical concepts;
(2) budgeting personal funds;
(3) monetary denominations; and
(4) financial obligations.
(c) The results of the assessment and the IDT's determination
must be documented, signed by the IDT, and made a part of the individual's
IPP.
(d) If an individual does not have an LAR and is determined
to have the ability to decide who manages his or her personal funds
or if an individual has an LAR, a program provider must allow the
individual or LAR to choose one of the following to manage his or
her personal funds and document such choice in the individual's IPP:
(1) the individual, if the individual is determined
to have the ability to manage his or her personal funds;
(2) the individual's LAR;
(3) the program provider; or
(4) another person identified by the individual or
LAR who has agreed in writing to manage the individual's personal
funds.
(e) If an individual is determined not to have the
ability to decide who manages his or her personal funds and the individual
has no LAR, a program provider must manage the individual's personal
funds in accordance with this subchapter.
(f) A program provider must reassess an individual's
understanding of financial management at least annually and if the
program provider has reason to believe that the individual's ability
has changed.
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Source Note: The provisions of this §261.253 adopted to be effective January 1, 2001, 25 TexReg 12790; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127 |