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Comparing RepresentativePayees and GuardiansPamela B. Teaster, Ph.D.Professor and Director, Center for GerontologyVirginia TechE-mail: pteaster@vt.eduCENTER FOR GERONTOLOGYwww.gerontology.vt.edu
Establishing NeedGuardianship Petition to court Any interestedpersonRepresentative PayeeshipVersus Application to SSA Proposed payee Beneficiary Third party referralNote: State and local oversight versus federal oversightCENTER FOR GERONTOLOGYwww.gerontology.vt.edu
AppointmentRepresentative PayeeshipGuardianship Statutory definition ofincapacity Finding based on clear& convincing evidenceVersus Incapacity to manage or directthe management of payments Court finding of legalincompetency Most children under age 18unless emancipatedCENTER FOR GERONTOLOGYwww.gerontology.vt.edu
ProcessGuardianship Notice Medical statement;possible visitor or guardianad litem investigation Possible appointment ofcounsel Hearing, testimony,possible presence ofperson Court orderRepresentative Payeeship Reviewing SSA field officeinvestigates and reviews legal,Versus medical and lay evidenceCENTER FOR GERONTOLOGYwww.gerontology.vt.edu
SelectionRepresentative PayeeshipGuardianship Nominee in petition Nominee in application Statutory preference Family Corporate Professional Public Volunteer Regulation guidance Custodial Parent orSpouse Legal guardian Relative Friend Public or nonprofit agency Possible backgroundcheckVersus Background check, ifapplicableCENTER FOR GERONTOLOGYwww.gerontology.vt.edu
AuthorityGuardianshipRepresentative Payeeship Full or limited Only over the SSA benefit Property“A payee has no legal authorityto manage non-Social Securityincome or medical matters. Arepresentative payee, however,may need to help a beneficiaryget medical services ortreatment.”Versus Person Both property and person– SSA Guide for RepresentativePayeesCENTER FOR GERONTOLOGYwww.gerontology.vt.edu
ReportingRepresentative PayeeshipGuardianship Inventory Accounting Annual AccountingVersus Possible guardianship plan Status report Expenditures Conserved funds Report changes that mayaffect the beneficiary’sentitlement or amount ofpayment(See slide 19 for complete list)CENTER FOR GERONTOLOGYwww.gerontology.vt.edu
Last Resort FunctionGuardianship Publicguardianshipprogram in manystates orlocalitiesVersusRepresentative Payeeship A private institution operatedfor profit and licensed underState law, which has custodyof the beneficiary; as well as Persons other than above whoare able and willing to serveas a payee for a beneficiary;e.g., members of communitygroups or organizations whovolunteer to serve as payee fora beneficiaryCENTER FOR GERONTOLOGYwww.gerontology.vt.edu
Managing FinancesRepresentative PayeeshipGuardianship Fiduciary dutyVersus Fiduciary duty Possible bond; restricted accounts Maintain current needs Marshal assets Special bank account Separate bank account Savings account Possible statutory guidance oninvestment Guidance on creditors’ claims Possible court approval of realestate and asset sale No contracts Personal responsibility for misusedfunds Account to courtCENTER FOR GERONTOLOGYwww.gerontology.vt.edu
Involvement of theProtected PersonGuardianship Notice of hearing May attend hearingVersusRepresentative Payeeship Advance notice of need for apayee Appeal to higher state court Opportunity to protest May file for termination &restoration of rights Notice of payee appointment Appeal to SSACENTER FOR GERONTOLOGYwww.gerontology.vt.edu
Who Needs aGuardian?Mostchildrenunder ageof 18Most childrenunder age of 18Adultsdeclaredby court asincompetentAdultsincapable aredby court asincompetentAdultsincapable ofmgming/directing SocialSecurity fundsWho Needs aRepresentative Payee?CENTER FOR GERONTOLOGYwww.gerontology.vt.edu
Duties of a RepresentativePayee Determine basic needs and use benefit for those needs Ensure that beneficiaries who reside in a facility receive aminimum personal needs allowance of 30 per for personalneeds expenses Save benefits not needed for current needs Keep accurate written records of what benefits received andhow spent Provide the Annual Representative Payee AccountingReport and make supporting documentation available uponSSA’s request Report changes that may affect paymentsCENTER FOR GERONTOLOGYwww.gerontology.vt.edu
Representative PayeeReporting RequirementsPayee must report these changes Beneficiary movesBeneficiary starts or stops workingBeneficiary’s medical condition improvesBeneficiary marriesBeneficiary no longer needs a payeeBeneficiary diesRep payee can no longer serveCENTER FOR GERONTOLOGYwww.gerontology.vt.edu
Representative PayeeAccounting Separately identify Amount spent on beneficiary’s basic needs andpersonal items Amount saved, if any Submit By Mail Online www.socialsecurity.gov/payee/form/index.htmCENTER FOR GERONTOLOGYwww.gerontology.vt.edu
Virginia Annual ReportForm for an Incapacitated PersonCENTER FOR GERONTOLOGYwww.gerontology.vt.edu
Representative PayeeAccounting FormCENTER FOR GERONTOLOGYwww.gerontology.vt.edu
Representative PayeeAccounting FormCENTER FOR GERONTOLOGYwww.gerontology.vt.edu
Guardians andRepresentative PayeesOf course, a guardian can also be arepresentative payee and a power ofattorney can also be a representativepayee Thank you!Special Thanks to Erica Wood, J.D., ABA, who suggested and thenprovided me with a great deal of this presentation.CENTER FOR GERONTOLOGYwww.gerontology.vt.edu
Representative Payeeship Only over the SSA benefit "A payee has no legal authority to manage non-Social Security income or medical matters.A representative payee, however, may need to help a beneficiary get medical services or treatment." -SSA Guide for Representative Payees
