Chapter 1.12 REPRESENTATIVE PAYMENT PROGRAM ORDINANCE

This chapter shall be known as the “Representative Payment Program Ordinance” (“RPP”). This chapter’s authority is derived from Article VI, Section 1, subsections (p) and (r) of the Puyallup Tribe of Indians Constitution and Bylaws. The purpose of this chapter is to provide a protective payment program to assist the most vulnerable members of the Puyallup Tribe. This includes the young, elderly, adult and minor protected persons, and disabled who are not capable of managing or directing someone else to manage their benefits, and those who are incarcerated in any prison or jail for extended periods of time. While most people receive their Tribal benefits directly, others need assistance. The Puyallup Tribe will pay these Tribal members through representative payees who are employed by the Representative Payment Program of the Puyallup Tribe of Indians. The representative payees will receive and manage the Tribal member beneficiary’s received funds and payments on behalf of the Tribal member beneficiary. The Puyallup Tribe’s goal is to provide payees who will act in the best interests of the beneficiary. The Puyallup Tribe recognizes that representative payment works best when there is collaboration between the Tribe, the payee and the beneficiary. By providing representative payees with a clear understanding of their role and mission, and providing support to execute their duties, we can ensure that benefits are used in the best interests of the Puyallup Tribe’s beneficiaries. [Res. 210121B (01/21/21); Res. 110412 (04/11/12)]

1.12.020 Definitions.

Words of this chapter shall have the meaning given them in this section unless the context clearly indicates another meaning. If the meaning of a word is not clear, it shall be construed in harmony with the purposes of this chapter.

(a) “Beneficiaries” are defined as individual Tribal members who enjoy the benefits, services and entitlements of membership in the Puyallup Tribe of Indians.

(b) “Beneficiaries’ current needs” are defined as monthly expenses for food, housing, medical care, clothing, toiletries, entertainment, and other items for the beneficiaries’ personal comfort.

(c) “Beneficiaries’ future use” is defined as purchases/expenditures for any items falling outside of current needs/monthly expenses.

(d) “Director” shall mean the director who is overseeing the Representative Payment Program.

(e) “Fund source” is the original source of money, from which benefits and funds derive, and use is based on rules in effect at the time of distribution.

(f) “General Welfare Ordinance” is the body of law located in Chapter 1.16 PTC governing the Puyallup Tribe General Welfare Program.

(g) “General Welfare Department” is the department of the Puyallup Tribe that manages the distribution of general welfare payments made to Tribal members.

(h) “General welfare payment” shall mean payments made in accordance with the Puyallup Tribe General Welfare Program.

(i) “Guardianship Code” is the body of law located in Chapter 7.12 PTC pertaining to the establishment of temporary and permanent guardianships.

(j) “Improper use of benefits” is defined as the unwise expenditure of benefits not in the best interests of the beneficiary.

(k) “Institutional representative payee” is an institutional payee of a specific type who provides care and treatment for beneficiaries who reside in institutions or off-site facilities affiliated with the institution (i.e., nursing homes, hospitals, group homes or halfway houses).

(l) “Misuse of benefits” is defined as using benefits mandated for current and future needs outside the scope of allowable expenses under the applicable ordinance, code, or guidelines.

(m) “Organizational representative payee” is a payee in the form of a business, company or the like, and includes social service agencies, or local government agencies, or financial organizations that manage benefits on behalf of the incapable beneficiary.

(n) “Per capita payment” shall mean a voluntary distribution of Tribal revenue made to Tribal members.

(o) “Per Capita Department” is the department of the Puyallup Tribe that manages the distribution of Tribal revenue made to Tribal members under Chapter 1.08 PTC.

(p) “Power of attorney” is a legal instrument which grants authority to one person to act for the benefit of another person in business, health and legal matters.

(q) “Preponderance of the evidence” is defined as superiority in the weight of evidence that is more convincing (even if minimally) than evidence presented by another party.

(r) “Puyallup Tribal Court” is the Puyallup Tribe’s court system of general jurisdiction.

(s) “Representative payee” is a person, agency, organization or institution selected to receive and manage benefits on behalf of an incapable or legally incompetent beneficiary.

(t) “Representative Payment Program” (“RPP”) is the program that assigns and manages representative payees, enrolls Tribal members electively, or by order of the Puyallup Tribal Court pursuant to the provisions of this chapter.

(u) “Tribal benefits” are monetary or financial benefits derived from membership in the Puyallup Tribe of Indians. [Res. 210121B (01/21/21); Res. 110412 (04/11/12)]

Subchapter 2. Representative Payment Program

1.12.030 Representative Payment Program staff.

The RPP staff shall consist of:

(a) Director;

(b) Assistant Director;

(d) Representative payee/payment clerk leads (level 2) – as many as may be needed and authorized; and

(e) Representative payee/payment clerks (level 1) – as many as may be needed and authorized. [Res. 210121B (01/21/21); Res. 110412 (04/11/12)]

1.12.040 Functions and duties of the Director.

The Director or designee of her/his choosing shall coordinate and document all requests for representative payee appointments, whether elective or under Court-ordered circumstances. When a request for representative payee services is filed with the Puyallup Tribal Court, the Director shall be notified by the Tribal Court and shall file a report with recommendations with the Puyallup Tribal Court, to assist the Tribal Court in deciding whether a representative payee is in the Tribal member’s best interests. If the request for a representative payee is voluntary, the Director will process the request within the office. [Res. 210121B (01/21/21); Res. 110412 (04/11/12)]

Subchapter 3. Representative Payee

1.12.050 Description.

A representative payee may be authorized for any Puyallup Tribal member where: (a) it is demonstrated by a preponderance of evidence that he/she is unable to manage or direct the management of his/her money; and (b) a representative payee would be in his/her best interests; and/or (c) a person requests that the Puyallup Tribal Court make a determination that a representative payee would be in the beneficiary’s best interests.

Obtaining a representative payee is not for convenience. The representative payee is selected when someone is incapacitated or disabled due to age, or mental or physical impairment, or it has been shown that they are unable to manage their financial affairs and/or they are being habitually preyed upon by family members or friends. [Res. 210121B (01/21/21); Res. 110412 (04/11/12)]

1.12.060 Standard for appointment of representative payee.

If a beneficiary is receiving benefits and entitlements from the Puyallup Tribe of Indians, and a reasonable person believes that he/she by a preponderance of the evidence is incapable of managing his/her money, and a representative payee would be in the Tribal member’s best interests, then (a) a Tribal member beneficiary may voluntarily request the appointment of a representative payee; or (b) the Puyallup Tribal Court may appoint a representative payee to manage the beneficiary’s benefits and entitlements by Court order. [Res. 210121B (01/21/21); Res. 110412 (04/11/12)]

1.12.070 Duty to report.

If any person becomes aware that a Tribal member (minor or adult) is showing signs of incapability of managing his/her affairs, or a parent, relative, friend, guardian, authorized care provider, placement, or other person is not managing a Tribal member’s affairs properly, he/she shall report this immediately to the Director who shall immediately cause an investigation to occur and a report to be filed with the Puyallup Tribal Court. The reporting party must place his/her concerns in writing, accompanied by his/her signature. A reporting form is located at the end of this chapter as Addendum A. [Res. 210121B (01/21/21); Res. 110412 (04/11/12)]

1.12.080 Indicators showing incapability of managing income.

The following indicators of incapacity/disability will alert the Representative Payment Program that a person is incapable of managing his/her money:

(a) Medical diagnosis showing that a Tribal member is incapable of managing his/her financial affairs;

(b) Extended illness, as provided by a medical report from a licensed physician, showing temporary or permanent disability causing the inability to manage his/her financial affairs;

(c) Elders without family, kin or heirs, who might be subject to predatory individuals attempting to obtain access to their assets through legal instruments such as powers of attorney;

(d) Any evidence showing that a Tribal member (minor, adult or elder) is being taken advantage of by others who are habitually misspending the Tribal member’s monies;

(e) For any other reason, noted in the reporting form pursuant to PTC 1.12.070; or

(f) Incarceration in any prison or jail for an extended period of time, whereby the Tribal member inmate is requesting that a representative payee be appointed on his or her behalf. [Res. 210121B (01/21/21); Res. 110412 (04/11/12)]

Subchapter 4. Process for Becoming a Representative Payee

1.12.090 Selection standards for assignment of a representative payee.

The Representative Payment Program pays special attention to those vulnerable beneficiaries who have no relatives or close friends to assist them in the day-to-day management of their lives.

(a) Specific Standards for a Representative Payee. The RPP must be prudent in determining and recommending a payee for a beneficiary. The representative payee assigned will be fully reviewed to determine suitability to serve as a representative payee for the beneficiary. The following standards will be carefully scrutinized:

(1) Payee’s relationship to the beneficiary;

(2) Payee’s qualifications;

(3) Payee’s ability to carry out the responsibilities of a representative payee;

(4) Payee’s self-described understanding of representative payee duties, including “Understanding of Reporting Responsibilities,” located at the end of this chapter as Addendum C; and

(5) Payee’s awareness of reporting requirements.

(b) For those beneficiaries who are ordered onto the RPP by way of a court order the preference shall be that they are assigned to the Puyallup Tribe’s Representative Payment Program and the Director shall assign the payee to the beneficiary. However, in limited circumstances where the RPP has had an especially difficult time working with a beneficiary or their authorized care provider, the Director may file a request to the court asking the court to assign the beneficiary to a professional payee agency outside of the RPP. The Director shall assist the court in gathering the qualifications and estimation of fees for the agency in order to assist the court in making a fully informed decision before ordering the beneficiary to the outside agency. Addendum B is attached at the end of this chapter to assist in gathering this information. Any such outside agency will agree to the jurisdiction of the Puyallup Tribal Court, will abide by the requirements of payees contained in this code, will abide by the laws and program requirements of the Puyallup Tribe, will at a minimum submit quarterly reports together with copies of receipts and records to the Director as well as the Tribal Court, and will complete Addendum C at the end of this chapter. Instances in which an outside payee agency are ordered shall not be out of convenience and shall only be ordered if doing so is in the best interests of the beneficiary. [Res. 210121B (01/21/21); Res. 110412 (04/11/12)]

Subchapter 5. Voluntary Process – RPP Offices

1.12.100 Voluntary applicant for the RPP.

Voluntary application for a representative payee by an individual Tribal member. The RPP can file a report in its own office if the Tribal member voluntarily seeks RPP services, or the Tribal member can also file his/her own report with the RPP if he/she voluntarily seeks RPP services from the RPP Office. The Tribal member must meet the standards of PTC 1.12.050 to be eligible for a representative payee. This is a voluntary process, and the court will not have jurisdiction over voluntary requests, unless a motion is filed in the voluntary case.

When the voluntary application for RPP services and interview process is completed, the Director shall approve or deny the Tribal member’s voluntary request for a representative payee. [Res. 210121B (01/21/21); Res. 110412 (04/11/12)]

Subchapter 6. Involuntary – Selection Priority of a Representative Payee/Puyallup Tribal Court Appointment

1.12.110 Reporting.

The Tribal representative payees will be supervised by the Director. The representative payee must file biannual reports with the Puyallup Tribal Court unless the Tribal Court directs otherwise. [Res. 210121B (01/21/21); Res. 110412 (04/11/12)]

1.12.120 Process for hearing.

Process: (a) a request for hearing will be filed by an interested party with the Puyallup Tribal Court (form located at the end of this chapter as Addendum D); and (b) the Puyallup Tribal Court shall send notice to the Director and the Department attorney, hold a hearing, and issue an order, which will be served on all parties to the case including the Director and the Department attorney.

The Clerk of Court will effect service of the summons and a copy of the complaint or petition by certified mail, return receipt requested. In such a case, the return-receipt shall be considered proof of service. When the respondent cannot be found within the Reservation or within the state of Washington and upon the filing of an affidavit or motion made to the court from the RPP stating that the respondent is not a resident of the Reservation or the state of Washington or cannot be found therein and that attempts at personal service or service by certified mail have failed, service may be made by publication of notice of the lawsuit once a week for three weeks in a newspaper of general circulation. Subsequent filings will follow the rules of civil procedure for the Puyallup Tribal Court. [Res. 210121B (01/21/21); Res. 110412 (04/11/12)]

1.12.130 Types of hearings before the Tribal Court.

Types of hearings: (a) requests for a representative payee; (b) investigations into expenditures of assets on behalf of minors, elders and incapacitated, disabled Tribal members; (c) authorization for expenditures if the representative payee has a question or concern about a particular expenditure/request; or (d) any matter that affects the Tribal member beneficiary’s financial assets and/or general well-being.

The Puyallup Tribal Court is the only authorized court to hear requests for involuntary representative payee appointments in instances where the Tribal member in question is not requesting nor in agreement with the establishment of a representative payee.

Any person who has a concern about an individual may file a request with the Court for a determination. The Court, after notice to all parties and receipt of a report from the RPP regarding the individual, shall conduct a hearing to determine, by a preponderance of the evidence, whether it is in a Tribal member’s best interests to have a representative payee. If a person is not in agreement with the decision of the Court he/she may file a request for reconsideration within 10 days of the decision and a different judge shall preside over the reconsideration hearing. There is no right to an appeal beyond the reconsideration hearing. [Res. 210121B (01/21/21); Res. 110412 (04/11/12)]

1.12.140 Powers of attorney and temporary/permanent guardianship orders.

The Representative Payment Program will pay the bills of the beneficiary from assets received by the Puyallup Tribe. Powers of attorney, guardianships, or other legal instruments may be a convenient method for paying bills, and handling legal and health matters, but they do not contain the protections provided by the Representative Payment Program as applied to Tribal benefits.

Even if a beneficiary has entered into a power of attorney, is the subject of a guardianship, or is the subject of a different legal instrument, the Representative Payment Program must be used for the distribution of Tribal assets to a Tribal beneficiary. Non-Tribal assets (i.e., Social Security checks, etc.) may be handled through a power of attorney, guardianship or other legal instrument, if this is what the beneficiary desires.

Additionally, the Tribal member beneficiary has the option of terminating the power of attorney or other legal instrument, and requesting that the Representative Payment Program manage his/her non-Tribal assets, along with his or her Tribal assets. [Res. 210121B (01/21/21); Res. 110412 (04/11/12)]

Subchapter 7. General Duties of a Representative Payee

1.12.150 General duties.

The representative payee is responsible for meeting with and knowing the needs of the beneficiary. He/she must always act in the best interests of the beneficiary. All benefits received from the Puyallup Tribe of Indians for the beneficiary must be used for his/her current needs, and must meet program requirements of the fund source, and if not currently needed, then for his/her future needs. Additionally, a representative payee must agree to:

(a) Use the payments for the Tribal member beneficiary’s current needs and save the remainder for the Tribal member beneficiary’s future use.

(b) File an accounting showing expenditures, including receipts on a biannual basis to the Tribal Court unless the Court directs otherwise.

(c) Reimburse the amount of any loss suffered by any Tribal member beneficiary due to misuse of funds committed by the representative payee.

(d) Notify the Director when the Tribal member beneficiary dies or leaves the payee’s care. A representative payee is not relieved of responsibility for the beneficiary until the Program is notified in writing.

(e) Maintain a ledger and records of receipts and expenditures for and on behalf of the beneficiary, including any court reports.

(f) Notify the Director as soon as he/she can no longer serve as a representative payee or the beneficiary no longer needs a payee.

(g) Return conserved funds to the Representative Payment Program if he/she stops being a payee.

(h) A representative payee found guilty of misuse of funds may be punished under Tribal law by fines, imprisonment or both. [Res. 210121B (01/21/21); Res. 110412 (04/11/12)]

1.12.160 Specific duties.

A representative payee acts on behalf of the beneficiary and is responsible for managing the beneficiary’s assets. A representative payee is encouraged to go beyond managing finances and to become actively involved in the beneficiary’s life by doing the following:

(a) Meeting regularly with the beneficiary (preferably face-to-face);

(b) Establishing a budget, discussing it with the beneficiary, and involving him/her as much as possible in financial decisions;

(d) Helping the beneficiary find other services he or she needs;

(e) Helping the beneficiary fill out applications for other needed services and cooperating with caregivers and caseworkers, if reasonable;

(f) Helping the beneficiary get medical treatment, when necessary;

(g) Negotiating with landlords and others to get the best possible rates for the beneficiary;

(h) Helping the beneficiary file income tax returns;

(i) Recommending an alternate person or agency if the representative payee can no longer serve for the beneficiary; and

(j) Ensuring that funds are used in accordance with mandates of the applicable ordinance, code, or guidelines that protect the assets. [Res. 210121B (01/21/21); Res. 110412 (04/11/12)]

Subchapter 8. Representative Payee Reporting Requirements

1.12.170 Reporting requirements.

A representative payee must make timely reports in writing to the Puyallup Tribal Court on a biannual basis, unless otherwise directed by the Court. [Res. 210121B (01/21/21); Res. 110412 (04/11/12)]

1.12.180 Immediate reporting requirements.

In instances where the beneficiary dies, the representative payee must return any payments to which any claimant (i.e., rental assistance payments) is not entitled, including all saved benefits belonging to the beneficiary’s estate. The representative payee must also give the saved benefits to the Director for safekeeping to be released only by a final probate order. If a representative payee is unsure as to how to handle these requirements, he/she must contact the Director for final guidance and direction. [Res. 210121B (01/21/21); Res. 110412 (04/11/12)]

1.12.190 Additional reporting requirements.

If the beneficiary leaves the care of the representative payee, or has a change of address, the representative payee must notify the Puyallup Tribal Court. [Res. 210121B (01/21/21); Res. 110412 (04/11/12)]

Subchapter 9. Use of Benefits

1.12.200 Restrictions.

The representative payee bears the responsibility to use the benefits received only for the use and benefit of the Tribal member beneficiary. A representative payee’s first consideration is to ensure that the benefits are used for the beneficiary’s current needs as defined in PTC 1.12.020(b) and in accordance with any applicable ordinances, codes, or guidelines. [Res. 210121B (01/21/21); Res. 110412 (04/11/12)]

1.12.210 Additional funds.

If funds remain after meeting the Tribal member beneficiary’s current needs, in compliance with applicable guidelines, consideration can be applied to the Tribal member beneficiary’s foreseeable needs. Once the beneficiary’s current and foreseeable needs are met, consider:

(a) If the beneficiary has any dependents, it might be appropriate to use a portion of the benefits for the support of a beneficiary’s legally dependent spouse, child and/or parent, only at the beneficiary’s request.

(b) In the instance of a minor beneficiary on the RPP, the representative payee will work with the authorized care provider or parent to ensure that the funds are used in compliance with applicable codes, guidelines or organic instruments. [Res. 210121B (01/21/21); Res. 110412 (04/11/12)]

1.12.220 Guidelines.

The Representative Payment Program shall promulgate guidelines for distribution of the beneficiary’s current needs that also comply with any program requirements for the fund sources. [Res. 210121B (01/21/21); Res. 110412 (04/11/12)]

1.12.230 Interdepartmental role.

The Representative Payment Program will consider recommendations from the Puyallup Tribal Elders Program for the care of Tribal elders and the Puyallup Tribal Children’s Services Department as well as Puyallup Tribe Indian Child Welfare Liaisons for the care of dependent minors, with regard to beneficiaries’ current needs expenditures. Such recommendations are not binding on the Representative Payment Program. [Res. 210121B (01/21/21); Res. 110412 (04/11/12)]

Subchapter 10. Payments to Minors or Wards in Out-of-Home Placement (Including Relative/Kinship Placement)

1.12.240 Payments to minors or wards in out-of-home placement (including relative/kinship placement).

Payments for or on behalf of minors (including minor protected persons or minor wards of court) in out-of-home placements may be used for the minor’s reasonable housing/boarding, food, clothing, and allowance needs as those and other uses may be outlined by the fund source. Representative payees will request and keep copies of accounting receipts for all funds dispersed on behalf of the minor beneficiary.

Payments made from the general welfare ledger will follow use requirements of the General Welfare Program.

Payments made from the conserved per capita ledger are not subject to general welfare limitations. Payments will be used only for the needs and in the interests of the minor.

Minor beneficiaries must provide proof that he/she is in school (if old enough to attend school) before payments are sent to an authorized care provider or parent when the minor is a ward of the court, a minor protected person, or placed in out-of-home placement. Proof of being in school must be provided to the Representative Payment Program Director. [Res. 210121B (01/21/21); Res. 210513A (05/21/13)]

Subchapter 11. Use of Benefits for Beneficiaries Living in a Nursing Home or Other Institution

1.12.250 Nursing home/institution costs.

If a Tribal member beneficiary lives in a nursing home or other institution because of a mental or physical incapacity/disability, current maintenance shall include the customary charges made by the institution as well as expenditures for those items which will aid in the beneficiary’s recovery or release from the institution. A representative payee should not pay an amount for current maintenance in excess of the legal maximum charged in Washington State. [Res. 210121B (01/21/21); Res. 210513A (05/21/13); Res. 110412 (04/11/12). Formerly 1.12.240]

1.12.260 Personal needs.

Expenses for personal needs in the nursing home or institution are allowable. One hundred dollars should also be set aside each month to be used for the beneficiary’s personal needs. Additional personal needs funds can be made available upon the beneficiary’s request and approval of the Director. [Res. 210121B (01/21/21); Res. 210513A (05/21/13); Res. 110412 (04/11/12). Formerly 1.12.250]

Subchapter 12. Handling Beneficiaries’ Outstanding Debts

1.12.270 Debts.

If an adult Tribal member beneficiary’s current and reasonable foreseeable needs are met, a representative payee may use the beneficiary’s funds to satisfy past debt. Past debt is the debt the beneficiary incurred before the date the first benefit payment is made to the current representative payee. Real estate interests and insurance policy payments are not considered past debts. If failure to pay past debts could result in negative consequences like homelessness, a representative payee should attempt to settle the debts. A representative payee does not need Representative Payment Program approval to satisfy a past debt if the representative payee determines it to be in the beneficiary’s best interests without negative consequence. [Res. 210121B (01/21/21); Res. 210513A (05/21/13); Res. 110412 (04/11/12). Formerly 1.12.260]

Subchapter 13. Spending Large Sums of Money on Behalf of a Tribal Member Beneficiary

1.12.280 Accrual of financial assets.

If a Tribal member beneficiary has accrued a large sum of savings from benefits and entitlements received from the Puyallup Tribe of Indians, the representative payee must work with the beneficiary to plan and in all instances spend wisely. At all times, expenditures must be in the best interests of the Tribal member beneficiary. The first priority is to ensure that the beneficiary’s current needs are met. This includes food, housing, medical care, and other items for the individual’s personal care and comfort in compliance with all applicable program requirements. [Res. 210121B (01/21/21); Res. 210513A (05/21/13); Res. 110412 (04/11/12). Formerly 1.12.270]

1.12.290 Excess financial assets.

If there are extra financial assets after basic needs are met, money can be spent on items that improve the beneficiary’s daily living conditions, or provide for better medical care. Money may also be used for training or rehabilitation to help the beneficiary achieve a more rewarding future and become more self-sufficient. A representative payee may decide to use the beneficiary’s funds for major health-related expenses, such as dental care, a motorized wheelchair, or insurance premiums. Money may also be spent on the beneficiary for entertainment and recreation such as movies, concerts, magazine subscriptions or a special trip or vacation provided the fund sources do not restrict or prevent this type of use. A representative payee can make large purchases for the beneficiary as long as it is in his/her best interests and is not prohibited by the fund sources, such as the Tribe’s General Welfare Program. Large purchases might include:

(a) A home.

(b) Home renovations, if the home needs to be handicap-accessible, or to provide comfort to the beneficiary.

(c) Furniture, such as a television, couch and loveseat, tables, beds, etc., so long as it improves the beneficiary’s lifestyle.

(d) A vehicle.

If a representative payee is ever uncertain about the propriety of any expenditure, he/she should contact the Representative Payment Program for guidance, before fulfilling such obligations on behalf of the beneficiary.

For purchases made using general welfare benefit payments, the representative payee will review the Puyallup Tribe General Welfare Program Guidelines before making or authorizing any purchases to ensure that all purchases using general welfare funds meet the use requirements of the General Welfare Program. [Res. 210121B (01/21/21); Res. 210513A (05/21/13); Res. 110412 (04/11/12). Formerly 1.12.280]

Subchapter 14. Out-of-Pocket Reimbursements from the Beneficiary to the Representative Payee

1.12.300 Reimbursement to relative or close friend representative payee.

Repealed by Res. 210121B. [Res. 210513A (05/21/13); Res. 110412 (04/11/12). Formerly 1.12.290]

Subchapter 15. Payment for Representative Payee Services Not Authorized

1.12.310 Payment.

A representative payee employed by the Tribe as a representative payee will be paid by the Tribe and not through the beneficiary’s assets. The RPP will be the preferred program but in limited circumstances when an outside payee agency is ordered by the court, the agency fees shall be scrutinized for reasonableness and shall be established in the court order. Only service fees approved by the Puyallup Tribal Court may be withdrawn from the beneficiary’s funds for payment to the agency for their services and fees. Tribal resources and departments will be consulted for payment prior to fees being withdrawn from the beneficiary’s funds. [Res. 210121B (01/21/21); Res. 210513A (05/21/13); Res. 110412 (04/11/12). Formerly 1.12.300]

Subchapter 16. Filing to Be a Payee for Someone Who Already Has a Payee

1.12.320 Replacement process.

If a beneficiary or authorized care provider has a concern about a payee who was appointed by the Tribal Court, the Director will contact the current payee for an interview. The RPP will investigate thoroughly any allegations or questions raised about the current payee’s continued suitability to serve as payee for the beneficiary before determining whether a change of payee is necessary. If a change is necessary, the Director or designee shall file a request for hearing with the Tribal Court, and shall explain the reason why a new representative payee is in the beneficiary’s best interests.

If the representative payee appointment was voluntarily set up by the Tribal member and approved by the RPP, the process for replacement will be independently reviewed by the RPP through its Director. If the Director denies the replacement, the Tribal member may file a request for hearing before the Puyallup Tribal Court for final determination. [Res. 210121B (01/21/21); Res. 210513A (05/21/13); Res. 110412 (04/11/12). Formerly 1.12.310]

Subchapter 17. Withdrawal from Service as a Representative Payee

1.12.330 Withdrawal as representative payee.

Any person who has been appointed by the Puyallup Tribal Court to serve as a representative payee for a Tribal member, and who wishes to withdraw from service as a Tribal member’s representative payee, must notify the Director immediately to state that he/she no longer wishes to serve as a representative payee. Notice should be immediate and in writing, so that the Program can begin to find a new representative payee. The Director or designee shall file a report with the Puyallup Tribal Court with recommendations for a replacement.

If the representative payee was voluntarily set up by the RPP, and wishes to withdraw from services as a representative payee, the RPP will handle the request through its Director, and will appoint a new representative payee if necessary to serve the Tribal member beneficiary. [Res. 210121B (01/21/21); Res. 210513A (05/21/13); Res. 110412 (04/11/12). Formerly 1.12.320]

1.12.340 Terminating representative payee services.

If the beneficiary or authorized care provider is showing signs of improvement and the capability of managing his/her affairs, the protective payee relationship can be terminated. A reporting form would have to be filed with the Director, who will cause an investigation to occur of the capability of the beneficiary to manage his/her affairs.

If the investigative report recommends termination of RPP services, and the protective payee was appointed by order of the Court, the Director or designee will bring this request before the Puyallup Tribal Court for its consideration, so that the Court can review a final accounting and make its final decision.

If the representative payee appointment was voluntarily arranged with the RPP, then a report, final accounting and exit interview will be prepared and conducted, and a final interview shall be conducted by the Director for its records and final review.

If the court order terminates RPP services, sua sponte, an exit interview will be scheduled with the Director or designee. The Director or designee will prepare the necessary paperwork. An exit interview form is located at the end of this chapter as Addendum E and will be filed with the Tribal Court if so ordered. [Res. 210121B (01/21/21); Res. 210513A (05/21/13); Res. 110412 (04/11/12). Formerly 1.12.330]

1.12.350 Final requirements.

When a Court-appointed representative payee is no longer responsible for the beneficiary, they must return any conserved benefits, including interest and cash on hand belonging to the beneficiary, along with a final accounting, and must appear in Tribal Court for a final hearing. [Res. 210121B (01/21/21); Res. 210513A (05/21/13); Res. 110412 (04/11/12). Formerly 1.12.340]

Subchapter 18. Improper Use and Misuse of Benefits

1.12.360 Improper use and misuse.

The Puyallup Tribe’s Representative Payment Program may receive complaints of improper use and/or misuse of benefits from the beneficiary, an authorized representative, a vendor or third party. The Representative Payment Program will investigate allegations and discuss them with the complainant, beneficiary, and representative payee. Sometimes a call to the representative payee for an explanation is appropriate, other times a site visit to the Representative Payment Program may be required. The Representative Payment Program must take the appropriate action to protect the interests of the Tribal member beneficiary, including potentially reporting and referring complaints to Children’s Services or Adult Protective Services. [Res. 210121B (01/21/21); Res. 210513A (05/21/13); Res. 110412 (04/11/12). Formerly 1.12.350]

1.12.370 Improper use of benefits.

Improper use of benefits is an unwise expenditure that is not in the beneficiary’s best interests. With improper use, the beneficiary still receives a benefit from the expenditure, so it is not considered to be misuse. For example, the payee takes the beneficiary to the circus instead of buying him/her badly needed clothes. [Res. 210121B (01/21/21); Res. 210513A (05/21/13); Res. 110412 (04/11/12). Formerly 1.12.360]

1.12.380 Misuse of benefits.

Misuse of benefits occurs when money is not spent on the beneficiary, spent outside of program guidelines, or not saved for the beneficiary’s future needs. This is a serious offense and the money must be repaid. The Representative Payment Program will decide if misuse has occurred and will prepare a misuse determination after evaluating all statements and evidence in conjunction with the established facts of the case. Examples showing misuse include but are not limited to: (1) fraudulent receipts (including fabricated or altered receipts); (2) deficient balances on accounts without receipts proving that legitimate expenditures were made; or (3) expenditures used for the benefit of someone other than the beneficiary.

If misuse is found, the Director may:

(a) Appoint a new representative payee if the representative payee was appointed by the RPP, and/or make direct payment to the Tribal member beneficiary. If the representative payee was Court-appointed, the Director will file a report with the Puyallup Tribal Court;

(b) Obtain restitution from the representative payee who misused the benefits either voluntarily, or file a report with the Puyallup Tribal Court requesting Court-ordered restitution; and/or

The Representative Payment Program may initiate action to recover the misused funds depending upon the circumstances. Any person, agency or institution that misuses a beneficiary’s funds has a legal obligation to make immediate restitution to the Tribal member beneficiary, or face criminal prosecution. [Res. 210121B (01/21/21); Res. 210513A (05/21/13); Res. 110412 (04/11/12). Formerly 1.12.370]

Subchapter 19. Bank Accounts

1.12.390 Bank accounts.

Representative payees shall maintain separate bank accounts for each beneficiary and in accordance with any fund source requirements concerning commingling and/or tracing. To protect the beneficiary’s funds, checking and savings accounts must be in the beneficiary’s name. The payee only has a fiduciary responsibility for the funds and stands as an appointed representative payee by the Representative Payment Program. Neither the representative payee nor a third party can have an ownership interest in the account. While the beneficiary retains ownership, he/she should not have direct access to the funds. [Res. 210121B (01/21/21); Res. 210513A (05/21/13); Res. 110412 (04/11/12). Formerly 1.12.380]

1.12.400 Investment of excess funds.

If there is money left over after meeting the day-to-day and personal needs of the beneficiary, remaining money must be saved or invested with minimum risk. Excess funds shall be held in the United States, and may be held in trusts established by the Tribe or in savings bonds approved by the Director that are also FDIC insured. All interest must be used for the benefit of the beneficiary. The representative payee shall make every effort to set up an account that minimizes fees, yields interest, and assists in keeping clear records. If a representative payee is serving as a payee for a large number of beneficiaries, it may be appropriate to set up a collective account, but this will necessitate an accounting system, and must be approved by the Representative Payment Program Director. In all instances, a representative payee must be able to account for each beneficiary’s receipts, expenditures and balance funds. Checking and savings accounts set up on behalf of the beneficiary Tribal member should be titled as follows:

(a) “(Beneficiary’s name) by (your name), representative payee,” or “(Your name), representative payee for (beneficiary’s name).”

Although these are the most common methods of identifying accounts, other account titles, which show beneficiary ownership and the representative payee as a fiduciary, are acceptable. If a representative payee is unsure about how to set up the account, they should seek guidance from the bank and bring their appointment papers. [Res. 210121B (01/21/21); Res. 210513A (05/21/13); Res. 110412 (04/11/12). Formerly 1.12.390]

Subchapter 20. Collective Accounts and Proper Titling of These Accounts

1.12.410 Collective accounts.

(a) When a representative payee places funds for more than one beneficiary in a single checking and/or savings account, it is referred to as a “collective account.” The Representative Payment Program must give approval for maintaining a collective account. Representative payees may find it efficient to use a collective account to hold beneficiary’s funds for the following reasons:

(1) Only one bank account to monitor and maintain;

(2) Higher interest yields (interest earned on the beneficiaries’ account belongs to the beneficiaries); and

(3) May avoid checking account service charges.

(b) There are special rules that apply to these accounts. The Representative Payment Program will accept them if they meet the following conditions:

(1) The account is separate from the accounts of the representative payee. Commingling beneficiary’s funds with other monies is prohibited. The representative payee must log all checks received on behalf of the beneficiary and deposit them as soon as possible;

(2) The representative payee must maintain clear records showing the amount of each beneficiary’s share in the account, and maintain consistent procedures for documenting credits and debits of the individual beneficiaries;

(3) For each beneficiary who has $500.00 or more, the funds should be placed in an interest bearing account or invested relatively risk-free;

(4) When the money in the account earns interest, it must be credited to the individual beneficiaries based on their pro rata share of money in the account;

(5) Funds in a collective account cannot be used to pay another beneficiary’s expenditures; and

(6) Maintenance of account records and other supporting records must be available, if requested by the Representative Payment Program.

(c) The FDIC insured limit of $100,000 applies to each beneficiary in a properly titled collective account. Checking and savings accounts set up on behalf of the beneficiary Tribal member in collective accounts should be titled as follows:

(1) “Puyallup Tribal Members, Representative Payee for the Representative Payment Program Beneficiaries”; or

(2) “Representative Payment Program for Puyallup Tribal Member Beneficiaries.” [Res. 210121B (01/21/21); Res. 210513A (05/21/13); Res. 110412 (04/11/12). Formerly 1.12.400]

Subchapter 21. Keeping Records and Accounting for Benefits

1.12.420 Records.

A representative payee must show how much money was received, spent and saved on behalf of a beneficiary. A payee must keep records that show savings and expenditures. A representative payee shall keep the following records:

(a) Bank statements;

(b) Invoices;

(d) Leases; or

(e) Any other document pertaining to the beneficiary’s finances. [Res. 210121B (01/21/21); Res. 210513A (05/21/13); Res. 110412 (04/11/12). Formerly 1.12.410]

1.12.430 Accounting.

Each representative payee will follow some form of accounting structure to account for money that was received, spent and saved on behalf of a beneficiary. All records must be retained for a minimum of two years, and they must be made available to the Representative Payment Program and/or the Puyallup Tribal Court for inspection at any time, if requested. [Res. 210121B (01/21/21); Res. 210513A (05/21/13); Res. 110412 (04/11/12). Formerly 1.12.420]

Subchapter 22. Monitoring Representative Payees

1.12.440 Reporting requirements.

Representative payees that are not directly employed by the Tribe are responsible for reporting to the Representative Payment Program in writing on a quarterly basis. They must also file biannual reports which will be comprised of all quarterly reports previously provided, as well as a general narrative on the Tribal beneficiary’s general well-being to the Puyallup Tribal Court, unless directed otherwise. Such reports shall include:

(a) Records supporting money received, money spent, and money saved on behalf of the Tribal member beneficiary;

(b) A narrative of the benefits to the Tribal member beneficiary; and

If, at any time, the Representative Payment Program has concerns about the handling of a Tribal member’s money, it may contact the Tribal member beneficiary directly, to address such concerns. A representative payee may be called into the Representative Payment Program Office for a face-to-face meeting if needed to resolve any questions or concerns regarding their functions as a representative payee. Any review by the Representative Payment Program may include an examination of all reports. [Res. 210121B (01/21/21); Res. 210513A (05/21/13); Res. 110412 (04/11/12). Formerly 1.12.430]

Subchapter 23. No Fees for Services as a Representative Payee

1.12.450 No fees for services.

No fees may be charged against a Tribal member beneficiary by a Tribal representative payee. This is intended to be a human service that is provided by individuals in relationship to the Puyallup Tribe in and on behalf of its members who may be vulnerable or not presently capable of managing their own financial affairs. [Res. 210121B (01/21/21); Res. 210513A (05/21/13); Res. 110412 (04/11/12). Formerly 1.12.440]

Subchapter 24. Direct Deposit

1.12.460 Direct deposit.

A representative payee may arrange for a Tribal member beneficiary’s benefits to be sent directly to a bank account. It is considered the preferred method based on safety, reliability, economical and convenience concerns. It reduces the possibility of lost, stolen or forged checks. There are no mail delays, and payments are traceable through the banking system. A representative payee may contact the Puyallup Tribe’s Per Capita Department and other programs where a Tribal member beneficiary receives money to arrange direct deposit on his/her behalf. [Res. 210121B (01/21/21); Res. 210513A (05/21/13); Res. 110412 (04/11/12). Formerly 1.12.450]

1.12.470 Debit cards.

A representative payee may arrange for a beneficiary to receive a debit card for personal expenses. [Res. 210121B (01/21/21); Res. 210513A (05/21/13); Res. 110412 (04/11/12). Formerly 1.12.460]

Subchapter 25. Severability

1.12.480 Severability.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application. To this end, the provisions of this chapter are declared to be severable. [Res. 210121B (01/21/21); Res. 210513A (05/21/13); Res. 110412 (04/11/12). Formerly 1.12.470]

ADDENDUM A

PUYALLUP TRIBE OF INDIANS
REPRESENTATIVE PAYMENT PROGRAM ORDINANCE
REPORTING FORM

I, ________________________________, (print name) make this report of my own free will. I am concerned about ___________________________ (tribal member) for the following reason(s):

( )	medical diagnosis of Tribal member showing incapacity to manage his/her financial affairs;
( )	extended illness, showing temporary or permanent disability causing inability to manage his/her financial affairs;
( )	concern that Tribal member (minor, adult or elder) is being taken advantage of by others who are misspending the Tribal member’s monies; or
( )	other reason: _____________________________________________________________ _______________________________________________________________________________________________________________________________________________.

I hereby certify that the reasons listed above are true and correct to the best of my knowledge.

Date:	_________________________________________
	_________________________________________
	[Printed Name]
	_________________________________________
	_________________________________________
	[Address]
	_________________________________________
	[Telephone number]

ADDENDUM B

PUYALLUP TRIBE OF INDIANS
REPRESENTATIVE PAYMENT PROGRAM
APPLICATION FOR REPRESENTATIVE PAYEE APPOINTMENT

I, ________________________________, (print name) make this application to become a representative payee for __________________ _____________________ (tribal member). Enclosed with my application are the following documents and information:

( )	Business License, Insurance, and Bond information.
( )	Owner and Payee identifications;
( )	Current mailing and location address, telephone numbers:
	___________________________________________________
	___________________________________________________
	___________________________________________________
	[Telephone numbers] __________________________________
( )	Information showing ability to be responsible for Tribal member as representative payee.
	________________________________________________________________________
	________________________________________________________________________
	________________________________________________________________________
( )	Information on charges and service fees:
	________________________________________________________________________
	________________________________________________________________________
	________________________________________________________________________
( )	Personal information including other times that I served as a representative payee, including any problems that occurred.
	________________________________________________________________________
	________________________________________________________________________
	________________________________________________________________________
( )	Criminal conviction information, including Tribal Court convictions, as well as any civil findings of dishonesty or moral turpitude (i.e., termination from employment due to dishonest acts):
	________________________________________________________________________
	________________________________________________________________________
	________________________________________________________________________

I authorize the Puyallup Tribe to do a background check, including a criminal record search to determine my fitness to serve as a representative payee. I swear under penalty of perjury, that the information provided is true and correct to the best of my knowledge.

Date:	___________________________________________
	[Signature]
	___________________________________________
	[Printed name]
	___________________________________________
	Telephone: _________________________________

ADDENDUM C

PUYALLUP TRIBE OF INDIANS
REPRESENTATIVE PAYMENT PROGRAM
UNDERSTANDING OF REPORTING RESPONSIBILITIES

I, ________________________________, (print name) understand that as a representative payee I have the following responsibilities:

____	I understand that I have a duty to report quarterly all income received on behalf of the beneficiary.
____	I understand that I must report all expenditures (including distributions) made for the benefit of the beneficiary.
____	I understand that I must keep records of all checks and cash received, as well as all receipts for expenditures made on behalf of the beneficiary.
____	I understand that I must reimburse any losses caused by misuse of beneficiary funds.
____	I understand that I must notify the Representative Payment Program when the tribal member beneficiary dies or leaves the payee’s care.
____	I understand that I must file a bi-annual report covering monies received and spent on behalf of the beneficiary.
____	I understand that I must notify the Representative Payment Program if I stop providing services as a representative payee.
____	I understand that if I am out of compliance with Representative Payment Program guidelines I will be held personally liable for repayment of any funds not used for the beneficiary’s needs (misuse of funds) and that I could be punished under tribal law, including fines, imprisonment or both.

Date:	________________________________
	[signature]
	________________________________
	[printed name]
	________________________________
	________________________________
	Telephone: ______________________

ADDENDUM D

IN THE PUYALLUP TRIBAL COURT
PUYALLUP INDIAN RESERVATION
TACOMA, WASHINGTON

In re the Application for a Representative Payee:		)	No. ______________
		)
_______________________________,		)	REQUEST FOR HEARING
DOB: ____________________		)
		)
	Beneficiary.	)
______________________________________		)

I, ________________________________, (print name) make request for a hearing before the Puyallup Tribal Court as a(n) ___ interested Tribal member, ___ representative payee, ___ concerned community member, ___ staff member of the ____________ Department.

Reason for hearing:

( )	request for representative payee;
( )	request for investigation into expenditures of assets on behalf of minors, elders and incapacitated, disabled tribal members;
( )	authorization for expenditure;
( )	matter that affects the tribal member beneficiary’s financial assets and/or general well-being.

Date: _________________________	___________________________________________
	Signature
	___________________________________________
	[Printed Name]

NOTICE OF HEARING

( ) APPROVED

( ) DISAPPROVED

Hearing Date and Time:	_______________________ at ________ a.m./p.m.
Location:	__________________________________________

If you are unable to attend this hearing, please call the Puyallup Tribal Court Clerk’s Office at (253) 680-5585, and file a written request for a new hearing date, including reason for rescheduled hearing.

Date:	__________________________________________
	Tribal Court Judge

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CERTIFICATE OF SERVICE

I certify that on the ____ day of ____________, 20__, I served a copy of the foregoing “Notice of Hearing” via regular mail/personal service on:

___________________________________

SIGNED this ____ day of ______________, 20__ at Tacoma, Washington.

	_______________________________________
	_______________________________________
	[Title]

ADDENDUM E

PUYALLUP TRIBE OF INDIANS
REPRESENTATIVE PAYMENT PROGRAM
TERMINATION OF REPRESENTATIVE PAYEE SERVICES
EXIT INTERVIEW

I, ___________________________________________, (print name) representative payee for ______________________________________________ (tribal member) believe that _____________________________________________ is showing signs of improvement and is showing that he/she is capable of managing his/her financial affairs. I believe this for the following reason(s): _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

( ) Volunteer onto the RPP ( ) Court Ordered onto the RPP, Case No.:____________________

Date:	_________________________________________
	[representative payee signature]
	_________________________________________
	_________________________________________
	[address]
	_________________________________________
	[telephone number]

************************************************************************************************************

EXIT INTERVIEW NOTES

__________________________ was interviewed on _________________________________ at ______ a.m./p.m.

The Representative Payment Program finds:

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

The Representative Payment Program recommends:

( )	that representative payee services be terminated;
( )	that the representative payee continue with services; or
( )	that a new representative payee be appointed.

Date:	_________________________________________
	Director

[Res. 210121B (01/21/21); Res. 110412 (04/11/12)]