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Representative Payee and Extending Credit

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Question: 
I have a customer who has a representative payee on his account. The customer has come into the bank to do a credit application. I know that having a rep payee does not indicate incompetence. However, is there any due diligence that should be done before extending credit? Also, the only income is paid to his rep payee.
Answer: 

An adult may have a representative payee even though he has not been declared legally incompetent under state law. On the other hand, you are on notice that a federal agency has decided he would be better off if they gave money they owe him to someone else to handle.

Your customer has no direct access to the funds paid to his representative payee. The representative payee is not required to make the payments and you cannot compel him to do so. Nor can you exercise a right of set off against the account.

Hopefully, you had other loan applications today...

First published on BankersOnline.com 7/4/11

First published on 07/04/2011

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