The Representative Payee and Social Security
Why Social Security Won’t Accept Your Power of Attorney
Key take-aways:
- Use the SSA-4547 form to designate a Representative Payee for Social Security benefits.
- The Social Security Administration does not recognize traditional powers of attorney.
- You can name up to three individuals in succession—not jointly—as payees.
- A Representative Payee must file annual spending reports with the SSA.
- Separate forms are ALSO required for Medicare/Medicaid authorization (Form CMS-10106).
Special thanks to Jenny Rozelle, Estate & Elder care Attorney; and Bob Carlson (Forbes article)
(links below)
The Social Security Administration (SSA) does not recognize a financial power of attorney or health care power of attorney, as qualifying documents.
Instead, individuals must complete a special SSA form to designate a “Representative Payee.”
This is the person who is authorized to manage and communicate about Social Security benefits on someone else’s behalf.
We cover the form required to become the representative payee (SSA 4547).
And stay tuned to the end where we also cover what is required for Medicare and Medicaid (CMS 10106.
This discussion is part of our ongoing commitment to helping families plan for longevity in retirement, navigate elder care responsibilities, and understand the fine print of Social Security and Medicare rules.
The Representative Payee and Social Security – Links
Catch all our Mullooly Asset videos here
Subscribe to the Mullooly Asset YouTube Channel
Watch this episode (“The Representative Payee and Social Security”) on our YouTube Channel
Forbes Article on the Representative Payee
Jenny Rozelle, Estate & Elder Law Attorney in Indiana – Twitter
The Representative Payee and Social Security – Transcript
You are the Representative Payee
So you are the power of attorney for mom, dad or uncle Charlie.
And you’ve got a health care power of attorney, you’ve got a financial power of attorney.
Do you have everything all set?
Maybe not.
What some people are discovering is there’s a pretty large organization that does NOT recognize traditional powers of attorney.
It’s called the Social Security Administration.
It’s true.
Social Security will not recognize a power of attorney; whether that’s a health care power of attorney or financial power of attorney.
To ensure that you have someone who you can choose to help you manage social security benefits; you have to fill out a form.
They’ve got their own paperwork!
(You need to) to fill out a form called an “advance designation of a representative payee.”
And that’s what you, as power of attorney, that’s what you are going to be… the representative payee.
We found a recent article in Forbes written by Bob Carlson. We’ll link to that in the show notes.
So this representative payee business was created just a few years ago, in 2018.
You can name up to 3 people as representative as your representative payee.
Be very careful when you do this. You can’t name three people… like a troika, like, you know, a 3-headed monster.
Don’t do that.
You should have one person.
And in the event that the first person is not available, …not alive, …not with it, …whatever; then the second person becomes the new representative payee. And then you can also name a third person.
I think this is a good idea. And something that you may want to look into.
The way to do this is you can go to your local (Social Security) office.
Or, you can go online, using the “My Social Security” account found on the web.
What you’re looking for is a form called SSA (for Social Security Administration), SSA 4547.
At the very least you can print it out, fill it out and put it in the mail.
So that you have something like this on record, so someone can speak to Social Security on your behalf.
Now suppose Uncle Charlie is starting to lose it. We’re starting to see signs of dementia.
Uncle Charlie may want to have someone who is set up as a representative payee, to talk to Social Security on his behalf.
A representative payee is usually individuals. But you CAN also name different agencies… you can also name a nursing home to be a representative payee as well.
The designated person, this representative payee, has to file an annual report each year with the Social Security Administration.
You have to show where the money is being spent, for this person’s benefit.
So keep your receipts and keep records. It’s very important you file this report on an annual basis.
I think it’s important to know that becoming the designated person, the representative payee, does NOT give you any kind of legal authority. I mean we’re still going to default to who has power of attorney.
But at least this is someone that can get on the phone and speak with someone; about someone else’s benefits with the Social Security Administration.
I think it’s really important.
And in case you’re wondering, there’s also a form you can fill out and send in to speak on someone else’s behalf with Medicare and Medicaid.
The title of the form you’re looking for, you can just type this into Google (or you can go to the website). It’s called “authorization to disclose personal health information.”
If you go to the Medicare and Medicaid government website that is CMS.gov, …what you’re looking for is that form “authorization to disclose personal health information,” the form that number is CMS-10106.
You fill it out and then you send it away to a PO box in Lawrence, Kansas.
Who knows how long that’s going to take!
But it is something that, believe it or not… Medicare and Medicaid are not going to abide by your health care power of attorney or even a HIPAA notice.
Even though this authorization to disclose personal health information sounds exactly like a HIPAA release form.
Everyone’s got their own form! Oh well, welcome to 2025.
So this is good information to know; and something that you may want to take a look at.
