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Katherine C. Pearson, Editor, and a Member of the Law Professor Blogs Network on LexBlog.com

The “Unbefriended” Need Trustworthy Representatives, including Rep Payees

April 21, 2016

Someone asked me recently about “alternatives” for law students interested in helping older persons or disabled adults.   I said, in essence, “figure out how to start and operate a cost-effective, soundly-managed, and reliable, nonprofit rep-payee organization in your community.”  (And understand that you won’t make a fortune, but you can make a good living with a well-run nonprofit!)   

Coinciding with my off-the-cuff advice is a white paper recently released by Justice in Aging, with the assistance of funding through the Borchard Center Foundation on Law & Aging.

In “Ways to Meet the Growing Need for Representative Payees, Justice in Aging recommends that the Social Security System partner with organizations, including attorney organizations, to establish a “sustainable program to help recruit representative payees who are reliable and suitable to perform all of the required duties” of a rep-payee for those receiving federal program benefits but who often are unable to manage the money soundly. In some instances they may have no easy access to reliable family or friends.  The “unbefriended,” who, in turn, may be vulnerable to those with bad intentions:

Aging demographics and the predicted increase in cognitive deficits and other chronic conditions are expected to create a dramatic need for representative payees. For many of these seniors, family members and friends may be unavailable to serve in this capacity. SSA should think broadly about the groups of people eligible to serve as payees and then create standards for appointment, require a more in-depth level of training, and increased accountability.

Justice in Aging closes by urging that SSA’s “recruitment efforts should be geared towards eligible individuals with legal experience as well as other fields with relevant backgrounds, such as social workers and religious community leaders.”