Planning for Incapacity - Representative Payee
Social Security does not recognize durable powers of attorney. Rather, if the agency determines that a beneficiary is incapacitated, it will name a “representative payee.” The representative payee has the authority to receive and manage a beneficiary’s social security income only. Representative payees must file annual reports to the Social Security Administration.
Being named as attorney-in-fact in a durable power of attorney does not automatically make someone a representative payee. He or she will have to apply and provide Social Security with evidence of the beneficiary’s incapacity. It may be helpful, however, if the durable power of attorney specifically authorizes the attorney-in-fact to serve as representative payee.
For more information about the representative payee program, go to the Social Security Administration's website at www.ssa.gov/payee/.
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