Representative Payee for Elderly Parent Maryland

Why Your Power of Attorney Does Not Work for Social Security

This catches most families off guard. You spent time and money getting a durable power of attorney, the bank accepts it, the insurance company accepts it — and then Social Security tells you it means nothing.

A state-issued power of attorney or state court guardianship order does not by itself make you a Social Security representative payee. Social Security and SSI are federal programs with their own representative-payee framework, and SSA must separately appoint a payee to manage a parent's Social Security or SSI payments.

A Maryland POA under ET Title 17 gives you authority over bank accounts, real estate, and state-level programs. It does not give you authority to redirect, deposit, or manage Social Security payments.

How to Apply

Contact your local Social Security field office or call 1-800-772-1213 to start the process. You will complete Form SSA-11 (Request to Be Selected as Payee), which includes:

• Your identifying information and relationship to the parent
• The parent's Social Security number and current living situation
• Information about any other federal benefits the parent receives
• A description of how you plan to use the benefits for the parent's care

The SSA may conduct a background check and interview you before approving the appointment. Processing time varies.

Your Duties as Representative Payee

Being a representative payee is a fiduciary role with federal reporting requirements:

• Use benefits only for the parent's current needs: housing, food, medical care, clothing, personal comfort. You cannot use the funds for your own expenses, regardless of how much time you spend caregiving.
• Maintain a separate account: Title the account as "[Parent's Name] by [Your Name], Representative Payee." Do not commingle the parent's benefits with your personal funds.
• Save any surplus: Funds not needed for current expenses must be saved in the payee account for the parent's future needs.
• File an annual accounting: When required, the SSA sends a Representative Payee Report, such as Form SSA-623, SSA-6230, or SSA-6233. You report how benefits were spent and what savings remain. Failing to file can result in removal as payee and referral for investigation.

Representative Payee vs. Power of Attorney vs. Guardianship

These three roles cover different systems and none of them replaces the others:

A parent who has both a POA agent and a representative payee has their financial life split between two systems. The POA agent handles the bank accounts and bills. The representative payee manages the Social Security deposits and ensures they are used for the parent's needs.

The Social Security Fairness Act and Your Parent's Benefits

If your parent is a retired public servant — a teacher, county employee, or federal worker under the old Civil Service Retirement System — the Social Security Fairness Act (H.R. 82, signed January 5, 2025) may have increased their benefits. The law repealed the Government Pension Offset and the Windfall Elimination Provision retroactive to January 2024.

SSA completed automatic adjustments and retroactive payments for eligible existing beneficiaries by July 2025, but you should still verify your parent's adjustment and payment. If your parent never applied for Social Security because the old offsets would have reduced their benefit to zero, they need a new application filed immediately. Retroactive payments are capped at six months from the application date — every month of delay is a permanent loss.

The parent or their legally appointed agent or guardian must file this application on the parent's behalf. Survivor benefit applications cannot be completed online and require a phone or in-person appointment with the SSA.

The Maryland Power of Attorney and Guardianship Kit includes an SSA preparation worksheet that helps you organize the documentation needed for both the representative payee application and any Fairness Act claims.

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