Comparing Representative Payees and Guardians
[Pages:18]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
Authority
Guardianship
Full or limited
Property Person
Versus
Both property and person
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
CENTER FOR GERONTOLOGY gerontology.vt.edu
Reporting
Guardianship
Inventory Accounting
Versus
Possible guardianship plan
Status report
Representative Payeeship
Annual Accounting
Expenditures
Conserved funds
Report changes that may affect the beneficiary's entitlement or amount of payment
(See slide 19 for complete list)
CENTER FOR GERONTOLOGY gerontology.vt.edu
Last Resort Function
Guardianship
Public guardianship program in many states or localities
Versus
Representative Payeeship
A private institution operated for profit and licensed under State law, which has custody of the beneficiary; as well as
Persons other than above who are able and willing to serve as a payee for a beneficiary; e.g., members of community groups or organizations who volunteer to serve as payee for a beneficiary
CENTER FOR GERONTOLOGY gerontology.vt.edu
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