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#79451 - 05/12/03 01:53 PM Rep Pay Account and Ownership
Anonymous
Unregistered

Which box do you mark on the signature card to show ownership for representative payee accounts. For example, Mom for child? I would not think individual because the owner (child) does not sign. Please help.

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General Discussion
#79452 - 05/12/03 02:13 PM Re: Rep Pay Account and Ownership
Becker Offline
Member
Joined: Dec 2002
Posts: 98
Iowa
Under Iowa deposit law it would be individual who has ownership, even if there is an authorized fiduciary who has transaction authority.

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#79453 - 05/15/03 10:12 PM Re: Rep Pay Account and Ownership
Anonymous
Unregistered

Quote:

Which box do you mark on the signature card to show ownership for representative payee accounts. For example, Mom for child? I would not think individual because the owner (child) does not sign. Please help.




Any other thoughts?

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#79454 - 05/16/03 02:02 PM Re: Rep Pay Account and Ownership
VMack Offline
Platinum Poster
Joined: Jun 2001
Posts: 851
Texas
The account is a single ownership account. The minor or legally disabled person owns the funds in the account. The person named by the SSA as representative payee is the person who must establish the account. Only the representative payee (s) named in the representative payee letter or evidenced as the payee of the US Treasury check may sign the signature card in his/her fiduciary capacity. The beneficiary should not be allowed to conduct transactions. The person named by the SSA as representative payee is the only person who should be authorized to conduct transactions on the account.
_________________________
VMACK
CRCM

“The wise know their limitations; the foolish do not.”
Benjamin Hoff, The Tao of Pooh

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#79455 - 05/16/03 02:52 PM Re: Rep Pay Account and Ownership
Anonymous
Unregistered

We have an empty box on our that we can mark and type in. I always mark it and type in Rep Payee. It is a Fiduciary account. I'm not sure I'm right or not. No one has corrected me on it.

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#79456 - 05/16/03 02:55 PM Re: Rep Pay Account and Ownership
Just Jean Offline
Platinum Poster
Joined: Feb 2002
Posts: 582
USA
I have questions on this subject also. The State can reclaim funds from a deceased person's account if the person was receiving medical assistance. They do this if the account would go to an estate or if there is a POD on the account. How should we be handling the occasional representative payee account? The notice we get from the State basically says if you meet the above conditions, send me the money.

Also, I noticed on Social Security's website that organizations can sign up as Representative Payees. A local church is looking into providing that service. What are the pitfalls they need to be aware of?

Thanks for your help. BOL is the first place I look to find information, first to the Reg links and then to the threads. Thanks.

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#79457 - 05/16/03 11:16 PM Re: Rep Pay Account and Ownership
BBoyd Offline
Diamond Poster
BBoyd
Joined: Mar 2002
Posts: 2,494
MI
Our understanding is that the Rep Payee is fully accountable to the Social Security Administration when they take on the responsibility. Our responsibility is to be sure we collect the correct information from the Rep Payee when the account is requested. If there's any liability - it's most likely on their part - assuming we've followed our due diligence.

In the case of an entity being named as Rep Payee, we do ask for a letter or other document indicating who the authorized signers will be, just so our people know whom to expect as a signer. This information is placed on an account message for all to see.

You should know, too, that the SSA does not recognize Power of Attorney. POA is over the individual, and the Rep Payee has sole responsibility for SSA funds for that individual.
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Opinions are mine and never to be taken as legal advice!

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