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Getting Rid of the Guardian
Answer by Ken Golliher and John Burnett, BOL Gurus
Guru Bios
Question: A customer came in with papers that show she has requested a representative payee, however, she also has a guardian. The guardian is her soon-to-be ex husband. What papers would we need to legally remove him as guardian? Can we still open a new account with the representative, without the guardian present?
Answer by Ken Golliher: A court appointed guardian does not have control over U.S. Treasury payments, a representative payee does.
Answer by John Burnett: If and when a Representative Payee appointed by the SSA comes to your bank, you will be asked to open a new account in that party's name, in the "Rep Payee" status, naming your current customer as the beneficiary.
The guardian would have to deal with the SSA, not the bank, to have a Rep Payee appointment overturned or changed. Unless and until that happens, the bank would consider the Rep Payee account as outside the guardian's reach.
As for the guardian's current authority over any existing accounts, only the court can address any needed change. The customer herself has no authority to act on her own behalf without the assistance of the court.
Put more simply, you have to continue to deal with the soon-to-be ex-husband/guardian with regard to this woman's accounts, until you receive documents from the court to the contrary. But that guardian won't be able to touch any funds in a Rep Payee account for the woman unless he happens to be the Rep Payee.
First published on BankersOnline.com 3/6/06
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