[WSBAPT] SSDI Representative Payee for Heir of Estate

[David Faber]

Thank you Marcus. That makes sense.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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On Fri, Oct 30, 2020 at 3:37 PM Marcus Fry <mfry at lyon-law.com> wrote:

> David:
>
> I do not know if SSA rules allow for the appointment of back up rep
> payee.  That would be a terrific idea for SSA to implement.  Barring some
> rule allowing it, your client would need to be appointed guardian of the
> estate and can then appoint a standby guardian.  SSA will recognize the
> guardian and then the standby once the standby takes over without needing
> to obtain C’s consent.
>
>
>
> Marcus J. Fry
>
> Lyon, Weigand & Gustafson, P.S.
>
> P.O. Box 1689
> Yakima, Washington  98907
> Telephone:  (509) 248-7220
> Facsimile:  (509) 575-1883
>
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
> wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *David Faber
> *Sent:* Friday, October 30, 2020 3:24 PM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* [WSBAPT] SSDI Representative Payee for Heir of Estate
>
>
>
> Good afternoon:
>
>
>
> Situation: (C)lient has a disabled adult (S)on. C is the current SSA
> Representative Payee for S's SSDI payments. C is elderly and concerned
> about the appointment of a successor Rep Payee at C's death. C's Will
> creates a Supplemental Needs Trust for S with C's accountant as the Trustee
> and C wants to have the the same person who is appointed Trustee serve as
> successor Rep Payee (obviously the SNT as Rep Payee would create
> complications with the commingling of S's assets. I have reviewed the SSA's
> rules regarding the appointment of a Representative Payee and haven't
> found anything conclusively stating whether or not C can nominate/appoint a
> successor Rep Payee, or what the mechanism would be; instead, the rules
> just make reference to the disabled beneficiary appointing their own Rep
> Payee.
>
>
>
> Does anyone have any thoughts on how to address this complication? Is
> there a process for nominating a successor Rep Payee *now* rather than
> having to wait until C is unable to continue serving, and can C do that?
>
>
>
> Thank you.
>
>
>
> Best,
>
> David J. Faber
>
> Faber Feinson PLLC
>
> 210 Polk Street, Suite 1
>
> Port Townsend, WA 98368
> (360) 379-4110
>
>
>
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