|
When people need help managing their
benefits, Social Security will not recognize or accept a
General Power of Attorney. Instead, after a careful
investigation, Social Security appoints a relative, friend,
or other interested party to serve as the beneficiary's
"Representative Payee." This means the person's benefits
are paid to the payee on the beneficiary's behalf, and the
payee then takes care of the payee's financial business.
This Representative Payee may, or may not, have General
Power of Attorney as well.
How does Social Security choose a
Representative Payee?
Appointment to be someone's representative payee isn't
automatic. Social Security tries to select someone who
knows the recipient, who sees the recipient often, and who
knows what his or her needs are. For that reason, if the
recipient is living with someone who already knows, and is
helping, the recipient, they usually select that person to
be the representative payee.
What Does a Representative Payee Do?
A payee acts on behalf of the beneficiary. A payee is
responsible for everything related to benefits that a
capable beneficiary would do for himself. Social Security
encourages payees to go beyond just managing finances and to
be actively involved in the beneficiary's life.
A Social Security Representative Payee has the following
obligations:
Determine the beneficiary's needs, and use the Social
Security payments to meet those needs;
Save any money left after meeting the beneficiary's current
needs in an interest bearing account or savings bonds for
the beneficiary's future needs;
Report back to Social Security any changes or events which
could affect the beneficiary's eligibility for benefits or
payment amount;
Keep records of all payments received and how they are spent
and/or saved;
Provide benefit information to social service agencies or
medical facilities that serve the beneficiary;
Help the beneficiary get medical treatment when necessary;
Complete written reports accounting for the use of funds;
Notify Social Security of any changes in the representative
payee's or the beneficiary's circumstances that would affect
the representative payee's performance or ability to
continue as payee;
Return any payments to which the beneficiary is not
entitled.
What Can't a Representative Payee Do?
A Representative Payee cannot:
Sign legal documents, other than Social Security documents,
on behalf of a beneficiary (this is what a Power of Attorney
is for);
Have legal authority over income from sources other than
Social Security or SSI, such as earned income, pensions, or
any other income source;
Use a beneficiary's money for the representative payee's own
personal expenses;
Spend funds in a way that would leave the beneficiary
without necessary items or services (housing, food, medical
care);
Put a beneficiary's Social Security or SSI funds in the
Representative Payee's own or another person's account.
Checking and savings accounts must show the beneficiary as
the only owner;
Keep any funds after giving up the position of
Representative Payee;
Charge the beneficiary for services unless authorized by
Social Security to do so.
How Does a Representative Payee Report to Social
Security?
Usually the Social Security Administration will send a
"Representative Payee Report" form once a year. Keep clear
records about how the beneficiary's money was spent or saved
and the report will be fairly simple to complete.
|