(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.

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