No, we do not believe any changes need to be made through the SSA to remove the current representative payee and to replace them with the person who is the guardian of the estate. The SSA recognizes that a beneficiary entitled to receive social security benefits may have both a court-appointed guardian and a representative payee, who are not required to be the same person.

Generally, when a beneficiary is under the age of 18, the SSA pays benefits to a representative payee. The representative payee is required to use the benefits on behalf of the beneficiary, and in the case of a minor child, must ensure that the child is receiving any medically necessary treatment available for the condition that is the basis for their benefits. While a representative payee is authorized to manage a beneficiary’s social security benefits, they have no authority to manage non-social security income. By contrast, a guardian of the estate is entitled to manage the ward’s entire estate.

The SSA’s guidance to representative payees recognizes that a beneficiary’s representative payee and legal guardian may not be the same person by advising that a representative payee must file a Representative Payee Report “even if” they are the beneficiary’s legal guardian, and by noting that a representative payee generally may not collect a fee for their services unless they also are the legal guardian authorized by a court to charge a guardian fee. Further, the SSA’s guidance for organizational payees (such as a social service agency, government agency, or financial institution) expressly provides that “[w]e do not automatically select a legal guardian or conservator as payee for a beneficiary . . . [[i][/i]i]nstead, we make an independent judgment in every case to determine who will best serve the beneficiary as payee.”

For resources related to our guidance, please see:

• 20 CFR 416.610(b) (“Generally, if a beneficiary is under age 18, we will pay benefits to a representative payee. However, in certain situations, we will make direct payments to a beneficiary under age 18 who shows the ability to manage the benefits. . . .”)

• 20 CFR 416.635 (Supplemental Security Income for the Aged, Blind and Disabled) (“A representative payee has a responsibility to—

(a) Use the benefits received on your behalf only for your use and benefit in a manner and for the purposes he or she determines under the guidelines in this subpart, to be in your best interests;

(b) Keep any benefits received on your behalf separate from his or her own funds and show your ownership of these benefits unless he or she is your spouse or natural or adoptive parent or stepparent and lives in the same household with you or is a State or local government agency for whom we have granted an exception to this requirement;

*     *     *     *     *

(e) Submit to us, upon our request, a written report accounting for the benefits received on your behalf, and make all supporting records available for review if requested by us;

(f) Notify us of any change in his or her circumstances that would affect performance of his/her payee responsibilities; and

(g) Ensure that you are receiving treatment to the extent considered medically necessary and available for the condition that was the basis for providing benefits (see § 416.994a(i)) if you are under age 18 (including cases in which your low birth weight is a contributing factor material to our determination that you are disabled).”)

• Social Security Administration, A Guide for Representative Payees p. 2-3 (“If you’re a payee for a child receiving SSI payments, you must seek treatment for the child’s medical condition when it’s necessary. If you don’t get medical treatment for the child, Social Security may appoint a new representative payee. . . . First, you must take care of the beneficiary’s day-to-day needs for food and shelter. Then, you must use the money for the beneficiary’s medical and dental care that’s not covered by health insurance. You can also pay for the beneficiary’s personal needs, such as clothing and recreation. You must save any money left after you pay for the beneficiary’s needs, preferably in an interest-bearing account or U.S. Savings Bonds.”)

• Social Security Administration, Frequently Asked Questions (FAQs) For Representative Payees (“Unless a payee is also a guardian, he or she may not sign legal documents, other than Social Security documents, for a beneficiary. Payees have no legal authority over earned income, pensions, or any income from sources other than Social Security or SSI, unless the payee is also a legal guardian or has power-of-attorney.”)

• Illinois Probate Act, 755 ILCS 5/11-5 (“Upon the filing of a petition for the appointment of a guardian or on its own motion, the court may appoint a guardian of the estate or of both the person and estate, of a minor, or may appoint a guardian of the person only of a minor or minors, as the court finds to be in the best interest of the minor or minors.”)

• Illinois Probate Act, 755 ILCS 5/11-13(b) (“The guardian or other representative of the ward's estate shall have the care, management and investment of the estate, shall manage the estate frugally and shall apply the income and principal of the estate so far as necessary for the comfort and suitable support and education of the ward, his children, and persons related by blood or marriage who are dependent upon or entitled to support from him, or for any other purpose which the court deems to be for the best interests of the ward, and the court may approve the making on behalf of the ward of such agreements as the court determines to be for the ward's best interests. The representative may make disbursement of his ward's funds and estate directly to the ward or other distributee or in such other manner and in such amounts as the court directs.”)

• Social Security Administration, A Guide for Representative Payees p. 8 (“As a representative payee, you’re responsible for keeping records and reporting on how you spend the benefits by completing a Representative Payee Report (Form SSA-623, SSA-6230, or SSA-6233). . . . You must complete the report even if you’re the beneficiary’s legal guardian.”

• Social Security Administration, A Guide for Representative Payees p. 1 (“If you agree to serve as a representative payee, you’ve taken on an important responsibility that can make a positive difference in the beneficiary’s life. With certain exceptions, a payee may not collect a fee for services provided to the beneficiary. You can’t collect a fee for services from the beneficiary, unless Social Security allows it, or you’re the legal guardian authorized by a court to charge a guardian fee.”)

• Social Security Administration, Guide for Organizational Payees (“Representative Payee – an individual or organization we appoint to receive and manage the Social Security or SSI benefits of another person. A representative payee must use the funds they receive for the use and benefit, and in the best interest of, the beneficiary. We categorize payees into two broad groups: Individual payees – These include relatives, guardians, friends, or any other interested person who is in a position to care for the beneficiary. Organizational payees – These can include social service agencies, institutions, State or local government agencies, or financial institutions.”)

• Social Security Administration, Guide for Organizational Payees (“Legal Guardian/Conservator – someone appointed by a court of law to be responsible for a minor or an incompetent adult. In some States, the terms ‘guardian’ or ‘conservator’ have the same meaning regarding persons placed in charge of another’s affairs. We do not automatically select a legal guardian or conservator as payee for a beneficiary. Instead, we make an independent judgment in every case to determine who will best serve the beneficiary as payee. This may or may not be a legal guardian/conservator.”)