(305 ILCS 5/3-5a)
(from Ch. 23, par. 3-5a)
Protective payments to substitute payee.
If the person, by reason of his physical or mental condition, is unable
to manage funds, or if, for any reason, he persistently mismanages the
grant to the detriment of his best interests, the County Department, in
accordance with the rules and regulations of the Illinois Department, may
make a protective payment by designating a person who is interested in or
concerned with the person's welfare to receive the grant in his behalf.
The substitute payee shall serve without compensation and assume the
obligation of seeing that the grant is expended for the recipient's
benefit. He may spend the grant for the recipient, or supervise the
recipient in its use, depending upon the circumstances in the case, and
shall make such monthly reports to the County Department as the County
Department and the Illinois Department may require.
The County Department shall terminate the protective payment when it has
made a determination that the grant will be used for the recipient's
A substitute payee may be removed, in accordance with the rules and
regulations of the Illinois Department, for unsatisfactory service. Such
removal may be effected without hearing. The decision shall not be
appealable to the Illinois Department nor shall it be reviewable in the
The County Department shall conduct such periodic reviews as may be
required by the Illinois Department to determine whether there is a
continuing need for a protective payment. If it appears that the need for
such payment is likely to continue beyond a reasonable period, the County
Department shall take action for appointment by the circuit court of a
guardian or legal representative for the purpose of receiving and managing
the public aid grant.
The person shall be advised, in advance of a determination to make a
protective payment, that he may appeal the decision to the Illinois
Department under the provisions of Section 11-8 of Article XI.
(Source: Laws 1967, p. 2324