Comparing Representative Payees and Guardians
Comparing Representative Payees and Guardians
Pamela B. Teaster, Ph.D. Professor and Director, Center for Gerontology
Virginia Tech E-mail: pteaster@vt.edu
CENTER FOR GERONTOLOGY gerontology.vt.edu
Establishing Need
Guardianship Petition to court Any interested
person
Versus
Representative Payeeship Application to SSA Proposed payee Beneficiary Third party referral
Note: State and local oversight versus federal oversight
CENTER FOR GERONTOLOGY gerontology.vt.edu
Appointment
Guardianship
Statutory definition of incapacity
Finding based on clear & convincing evidence
Representative Payeeship
Versus
Incapacity to manage or direct the management of payments
Court finding of legal incompetency
Most children under age 18 unless emancipated
CENTER FOR GERONTOLOGY gerontology.vt.edu
Process
Guardianship
Representative Payeeship
Notice
Reviewing SSA field office
Medical statement;
investigates and reviews legal,
possible visitor or guardian Versus medical and lay evidence
ad litem investigation
Possible appointment of
counsel
Hearing, testimony,
possible presence of
person
Court order
CENTER FOR GERONTOLOGY gerontology.vt.edu
Selection
Guardianship Nominee in petition
Statutory preference ? Family ? Corporate ? Professional ? Public ? Volunteer
Possible background check
Representative Payeeship
Nominee in application
Versus
Regulation guidance ? Custodial Parent or Spouse ? Legal guardian ? Relative ? Friend ? Public or nonprofit agency
Background check, if applicable
CENTER FOR GERONTOLOGY gerontology.vt.edu
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