ABA Family Legal Guide

The Rights of Older Americans

A Right to Control Your Own Affairs

Representative Payees

How is a representative payee set up?

You, or someone on your behalf, must ask the Social Security Administration (or other program) to appoint a representative payee. Generally, you must have some sort of disability that prevents you from managing your own financial affairs, and you probably will need medical records of your disability. The government agency that provides the benefits must decide that you need help managing them. Your disability may be physical or mental. Although the decision is made by the agency and not by a court of law, you have the right to contest the appointment of a representative payee if you disagree, including the right to a hearing and all the appeals rights that apply to any claim before the agency.