Managing someone elses affairs can get complicated
May 14, 2016
By: Mark Harvey
Email: harvemb@dshs.wa.gov
Let’s begin with a “reality check:” This is America – Money counts; so, to one degree or another, most of us had better be able to “manage” that money (to one degree or another).
In my world, Durable Powers of Attorney, Powers of Attorney and Guardianships are a BIG DEAL. The reason that they’re a big deal is because, to one degree or another and for one reason or another, somebody isn’t able to manage their own “affairs,” which often translates into (among other things), MONEY; so, all of those tools are ways to help (or, “take over”) the management of someone else’s affairs.
Let’s think about that for a minute: “…take over the management of someone else’s affairs” – Wow! THAT’S a BIG DEAL! Not sure? Consider this: How would you like it if someone came along and took over your affairs? Right – Me, too; so, we’d better take this stuff pretty d***** seriously.
Many of us help someone we know or love “manage” this-or-that or “take care of” this-or-that, and many of us have, at least, a nodding acquaintance with some of the tools listed above (DPOA’s, etc.), and life pretty much goes on; then, something completely alien, something that operates by completely different rules comes along and we’re WRENCHED into a separate reality: Like the “Social Security Representative Payee” program.
BOOM! What?! Wait, back up.
For a lot of people, Social Security (or, “Supplemental Security Income” – SSI), is their sole source of income, OR a very substantial part of it, neither of which typically represent a monthly, cash “windfall,” so that money has to s-t-r-e-t-c-h; consequently, if someone is having trouble managing those very limited dollars, due to dementia, stroke, other medical conditions, medications, etc. ad infinitum, there is a PROBLEM, with a capital “P.”
Here’s how Social Security’s Representative Payee program works:
First, someone, usually a family member, loved one or friend, tells the Social Security Administration (SSA) that there might be a “problem” – That’s usually done by calling good, old 1-800-772-1213; next, SSA gathers information from relatives, friends, service providers, medical folks, tra la, to see if there really is a “problem.”
If there is, SSA appoints a “representative payee.” (NOTE: If there is a court-appointed guardian already in place, that entity will be appointed as the representative payee) Most folks do NOT have guardians so, then what? Well…
- SSA will first look to family and/or friends to see who is willing and eligible;
- No one? Then, SSA will look for a qualified organization to serve as payee;
- Then, the entity or person must file an application with the local SSA field office or online (if it were me, I’d do it online);
- THEN, SSA reviews said application and transfers it to the state’s “Disability Determination Services” (DDS);
- Then, DDS approves, investigates or denies the application (if denied, it can be appealed);
- THEN, if approved, SSA appoints the payee and the first payment is issued to that entity;
…not to the person who is eligible for that benefit, to that payee, get it? So, we’ve just taken “Mrs. Jones” out of the game of receiving her own benefits – That’s a BIG DEAL.
What’s your first impression, after reading all of that? Right, same as mine: That’s complicated! Yes, it is, and it doesn’t happen overnight, so if there’s a “problem,” it is NOT going to get solved by tomorrow.
Here’s what a payee is supposed to do:
- Become familiar with SSA’s program rules, particularly SSI, because ignorance can lead to ineligibility in a heartbeat!
- Meet with the beneficiary on a regular basis, to be sure the payee understands needs, preferences, etc.;
- Use the SSA/SSI benefits in the BEST INTERESTS of the person who deserves them;
- Keep detailed and accurate records of where the money went…
- …and report any changes (like, death or address changes) to SSA.
AND, by the way, if a payee is found to have misused benefits, SSA can (if the misuse appears intentional) impose some pretty hefty criminal sanctions. Can a payee be changed? Yes.
What’s your first impression, after reading all of that? Right, same as mine: This is a BIG DEAL! Yes, it is.
Now, people manage to do this all the time, so it can be done and things usually proceed in the best interests of the person who needs things to proceed in their best interests. Have I ever see unscrupulous payees/organizations? Yes; I’ve also seen stupid, self-aggrandizing and arrogant payees; as noted above, payees can be changed – But, that doesn’t happen overnight, either. The truth is, most of the time, it all works out fine.
My real point today is that this is a complicated, but not insurmountable process – And it takes some bureaucratic time, so the sooner wheels turn, the sooner something will happen.
Last thought, for today: The fact that we may not agree with how someone might choose to spend their money does not necessarily suggest that they need a payee – It suggests that we don’t agree; but, if someone truly cannot pay the utility bills or pay for food or afford prescriptions that ought to be affordable, then there might be a “problem.”
This is America – Money counts.
Mark Harvey is the director of Information and Assistance for Olympic Area Agency on Aging. He can be reached at harvemb@dshs.wa.gov or 532-0520 in Aberdeen, (360) 942-2177 in Raymond or (360) 642-3634. FACEBOOK: Olympic Area Agency on Aging-Information & Assistance.