Special Needs Answers
Should a Rep Payee Recoup SSI Overpayments from a Previous Rep Payee?
I am the new Representative Payee for a Supplemental Security Income (SSI) beneficiary. The beneficiary was overpaid...
Read moreCan a Rep Payee Establish a Trust?
- May 21st, 2015
Q
I'm my sister's Representative Payee. Can I establish a trust for her benefit using the money I receive from the Social Security Administration without having to get court approval first?
A
Your role as representative payee does not give you authority to establish a trust for her benefit. If she is not competent to execute the trust herself or grant you a durable power of attorney, you will have to go to court to create the trust. What benefits your sister needs and can qualify for may affect the form of the trust, or whether one is necessary at all.
For more about being a representative payee, click here.