This is in response to your request for an opinion regarding whether minors may own
                  property in the five states and one district in our region and, if so, regarding any
                  specific requirements on how the property must be titled. This issue has previously
                  been addressed by our region in a November 1992 memorandum. See Memorandum from Elinor Stoddard, Assistant Regional Counsel, Office of the General
                  Counsel, Region III, to Larry Massanari, Regional Commissioner, Social Security Administration,
                  State Laws Regarding the Titling of Property in the Name of a Minor or Incompetent.
                  In response to your request, we rely mainly on our prior memorandum. This prior memorandum
                  did not address the issue of any titling requirements within our jurisdictions, but
                  we have found no authority specifically regarding either "restrictions as to the age
                  of the minor or the types of property that can be held" or "how the property should/must
                  be titled to show the minor as the titleholder" in any of our jurisdictions.
               
               This memorandum should serve as an addendum to our November 1992 memorandum, as it
                  provides further support for our position that a minor may hold title to property
                  in Pennsylvania, Delaware, the District of Columbia, Virginia, and West Virginia and
                  may hold title to property in Maryland, unless he has a guardian. Since we have determined
                  that a minor may hold title to property in all of our jurisdictions, there is no need
                  to address the fourth question concerning the preferred method of titling property
                  if a minor cannot hold title to property.
               
               Uniform Transfers to Minors Act
               Each of the states and the district in our region has a Uniform Transfers to Minors
                  Act (UTMA), which provides a mechanism for transferring property to a minor by will,
                  trust, gift, or payment of debt. 20 Pa. Cons. Star. Ann. §§ 5301(b), 5304-5306 (West
                  1998); Del. Code Ann. tit. 12, §§ 4504-4506 (1997); D.C. Code Ann. §§ 20-305 to -307
                  (1998); Va. Code Ann. §§ 31-40 to -42 (Michie 1998); W. Va. Code §§ 36-7-4 to -6 (1998);
                  Md. Code Ann., Est. & Trusts §§ 13-304 to -306 (1998). Although the UTMA does not
                  directly address the issue of whether a minor may acquire property with retroactive
                  benefit checks, it provides further support for the common law proposition that miners
                  may hold title to property. When property is transferred in accordance with the UTMA,
                  the custodial property is indefeasibly vested in the minor, but the custodian retains
                  the authority to take control of, register and record title to, collect, hold, manage,
                  invest, and reinvest the property. Pa. Cons. Star. Ann. §§ 5311(b), 5312(a) (West
                  1998); Del. Code Ann. tit. 12, §§ 4511(b), 4512(a) (1998); D.C. Code Ann. §§ 21-311(b),
                  -312 (1998); Va. Code Ann. §§ 31-47 to -48 (Michie 1998); W. Va. Code §§ 36-7-11(b),
                  -13 (1998); Md. Code Ann., Est. & Trusts §§ 13-311(b), -312 (1998). Under the UTMA
                  in each of our jurisdictions, a minor may hold title to property that is received
                  by gift, will, trust, or payment of debt, and none of our jurisdictions have authority
                  indicating that miners have lesser rights with respect to property acquired through
                  purchase or other conveyance. The UTMA in the District of Columbia and Virginia defines
                  "minor" as an individual under the age of eighteen, while the UTMA in the remaining
                  jurisdictions, Pennsylvania, Delaware, West Virginia, and Maryland, defines "minor"
                  as an individual under the age of twenty-one. D.C. Code Ann. § 20-301 (1998); Va.
                  Code Ann. § 31-37 (Michie 1998); Pa. Cons. Star. Ann. § 5301(b) (West 1998); Del.
                  Code Ann. tit. 12, § 4501(11) (1998); W. Va. Code § 36-7-1 (1998); Md. Code Ann.,
                  Est. & Trusts § 13-301(k) (1998).
               
               Maryland
               Unlike in other jurisdictions within our region, a guardian of the property or estate
                  in Maryland acquires title to the property of the minor' and may exercise general
                  control over the property for the benefit of the minor. Courtney v. Lawson, 631 A.2d 102, 108 (Md. Ct. Spec. App. 1993). It appears, therefore, that if a guardian
                  is appointed for a minor in Maryland, the guardian, and not the minor, will have title
                  to the minor's property. Until a guardian is judicially appointed, however, a natural
                  guardian has no right to control the estate or property of the minor. Courtney, 631
                  A.2d at 108.
               
               Additional provisions in the Maryland Code support the proposition that a minor without
                  a guardian may acquire and hold property. The Maryland Code provides that a minor
                  holding title to property as a tenant by the entirety with a spouse who has reached
                  the age of majority may convey property in the same manner as an adult. Md. Code Ann.,
                  Est. & Trusts § 13-503(a) (1998). The same statute provides that a minor veteran may
                  mortgage property owned by him, execute a deed for the sale of real estate purchased,
                  or perform other related acts in the same manner as an adult. Md. Code Ann., Est.
                  & Trusts § 13-503(b) (1998). When read in the context of other Maryland Code provisions
                  and prevailing case law, this statute provides that the general principle allowing
                  a minor to ratify or disaffirm his conveyances upon reaching the age of majority do
                  not apply under the special circumstances described. See State Laws Regarding the Titling of Property in the Name of a Minor or Incompetent
                  at 2 (discussing a similar provision in the Delaware Code). This statute presumes
                  that all minors may own property and affects only the ability of certain minors to
                  contract for the conveyance of such property. Maryland case law similarly provides
                  that a minor, under the age of twenty-one, may contract for the sale of real estate,
                  but that such contract is voidable at the option of the minor. See Sprecher  v. Sprecher, 110 A.2d 509, 512 (Md. 1955); see also McBriety  v. Spear, 60 A.2d 528, 530 (Md. 1948).
               
               In addition, the Maryland code contains a provision similar to the Delaware code provision
                  regarding certificate of title for automobiles. The Maryland Motor Vehicle Administration
                  will only issue a certificate of title to an individual under the age of eighteen
                  if his application is co-signed by a parent, guardian, or other responsible adult.
                  Md. Code Ann., Transp. § 13-104(b) (1998). Although the minor must demonstrate authorization
                  by a responsible adult in order to obtain title, title is ultimately issued in his
                  name. Therefore, this provision further demonstrates.that a minor may hold title to
                  property in Maryland.
               
               Finally, the Maryland Code contains special provisions, similar to those found in
                  the District of Columbia Code, regarding the distribution of estate assets to a minor.
                  When money is to be distributed by a personal representative to a minor who does not
                  have a judicially appointed guardian, the personal representative may deposit such
                  money into a bank account, to be delivered to the minor upon the attainment of age
                  eighteen. Md. Code Ann., Est. & Trusts § 9-109(a) (1998). When tangible personal property
                  is to be distributed to a minor, the personal representative may distribute it to
                  the individual he considers responsible and appropriate, with the approval of the
                  court. Md. Code Ann., Est. and Trusts § 9-109(c) (1998). Both provisions presume that
                  a minor may be entitled to hold property, but that he may have limited ability to
                  control such property.
               
               CONCLUSION
               For the above reasons, in addition to the reasons outlined in our November 1992 memorandum,
                  we believe that a minor may own and acquire property in Pennsylvania, Delaware, Maryland,
                  Virginia, West Virginia, and the District of Columbia.
               
               Attachment
               SOCIAL SECURITY
               DATE: November 25, 1992 TITLE: State Laws Regarding the Titling of Property in the
                  Name of a Minor or Incompetent AUTHOR: Hardnett, Charlotte; Newman, James C.; Stoddard,
                  Elinor AUTHOR—POSITION: Acting Chief Counsel; Division Chief, Program Review; Assistant
                  AUTHOR—POSITION: Regional Counsel RGNDIV: R3 ADDRESSEE AND POSITION: Massanari, Larry
                  G.; Regional Commissioner ADDRESSEE—LOCATION (Region/Div): SSA
               
               TEXT
               This is in response to your memorandum in which you ask whether property in Region
                  III states can be titled in the name of a minor or an incompetent. You asked this
                  question in the context of evidencing a Supplemental Security Income (SSI) beneficiary's
                  ownership in property that representative payees purchase as a conservation or investment
                  of SSI benefits.
               
               In brief, our survey reveals that only Pennsylvania clearly allows minors and incompetents
                  to hold title to real and personal property. We believe that District of Columbia
                  law places title in minors and, unless they have conservators, incompetents as well.
                  Delaware law strongly indicates that both minors and incompetents can have title to
                  property. Among the remaining states, minors may have title in Virginia and West Virginia,
                  and lose title in Maryland if they are under guardianship. In those same states, incompetents
                  retain title in Virginia, may retain title in West Virginia, and lose title in Maryland
                  if they are under guardianship.
               
               BACKGROUND
               According to Corpus Juris Secundum (C.J.S.), minors generally can have title to real
                  and personal property, and "insane" persons retain title to their real and personal
                  property. In researching the states in Region III, however, other than in Pennsylvania,
                  we can find no specific authority answering the question of whether title can rest
                  with a m/nor or incompetent. In these states one must rely on statutes and cases governing
                  the relation between guardian and minor or incompetent, or on statutes in other areas
                  of the law. Where the law is unclear, C.J.S. assertions may indicate that these states
                  would allow minors and/or incompetents to hold title to real and personal property.
                  C.J.S., however, merely describes its general findings among the states. It in no
                  way controls the law of any state.
               
               DISCUSSION
               III. Maryland: Minors and Incompetents Who Have Guardians do not Hold Title to Property.
               Maryland's Estates and Trusts statute on "Protection of Minors and Disabled Persons"
                  describes the ownership of property under the guardian-minor and guardian-disabled
                  person relationship. It states that "(t)he appointment and qualification of a guardian
                  vests in him title to all property of the minor or protected person that is held at
                  the time of appointment or acquired later." Md. Est. & Trusts Code Ann. Sec. 13-206
                  (c) (1) (1991) (emphasis added).
               
               This provision covers both minors, who reach majority at age eighteen (Md. Est. &
                  Trusts Code Ann. Sec. 13-101 (1)), and "disabled persons" (Md. Est. & Trusts Code
                  Ann. Sec. 13-101 (d)), who would meet the standard for needing a representative payee
                  under 20 C.F.R. Sec. 416.610 (1992). Thus, under Maryland's guardian laws, title vests
                  in the guardian, and neither minors nor disabled persons can hold title to real or
                  personal property. This conclusion is supported by the case of Law v. John Hanson Say. &  Loan, Inc., 42 Md. App. 505, 400 A.2d 1154 (1979), which cites section 13-206, stating that
                  the guardian of the elderly woman "was vested with title to (her) property and was
                  the only person who validly could execute such a deed of trust." Id. at 1158.
               
               The case of Alexander v. Rose, 181 Md. 447, 30 A.2d 785 (1943), however, states that the committee of a "non compos
                  does not hold the legal title to the property of such non compos". Id. at 787. Under Maryland law, "committees" perform a far more specific function than
                  do guardians. [FN2] Thus, the fact that committees do not take title does not conflict
                  with section 13-206's provision that guardians do take title. Even if the Alexander
                  proposition did present a conflict with section 13-206, that section would overrule
                  the holding to the extent that it applied to guardians. Thus, notwithstanding Alexander,
                  Maryland law places title in the guardian, not the infant or incompetent.
               
               We have found no statute or case law specifically resolving the issue of the holding
                  of title to property by a minor or incompetent in the absence of a guardian. Thus,
                  we are unable to authoritatively answer your question. However, we believe the better
                  legal view, based on the general C.J.S. propositions on this subject, is that title
                  would vest in minors and incompetents.
               
               It is worth mentioning that Maryland, in addition to its guardianship statutes, has
                  adopted the Uniform Transfers to Minors Act (UTMA). Under this act, property is transferred
                  to an adult other than the transferor, to be held as custodial property for the minor.
                  The custodial property is "indefeasibly vested in the minor, but the custodian has
                  all the rights, powers, duties and authority provided in this subtitle." Md. Est.
                  & Trusts Code Ann. Sec. 13-311 (b) (1991).
               
               Under the UTMA, the transferor creates custodial property by transferring the property
                  to the custodian and registering or recording the property, when applicable, in the
                  name of the custodian, "As custodian for (name of minor) under the Maryland Uniform
                  Transfers to Minors Act." Sec. 13- 309 (5)
               
               We include discussion of the UTMA here mainly for future reference. Should you eventually
                  need to know how to indicate the minor's or incompetent's interest in property purchased
                  as an SSI conservation measure, the UTMA may provide some answers, at least for minors.
                  All the jurisdictions in the Region, except Pennsylvania and Delaware, have adopted
                  this statute.
               
               CONCLUSION
               Viewing Region III as a whole, we believe the uncertain results of our survey demonstrate
                  the difficulty with SSI's approach to handling representative payee purchases of real
                  and personal property with SSI funds. Another, perhaps more logical, approach to the
                  problem of tying the purchases in question to the minors or incompetents would be
                  to treat the purchase of the assets or improvements/additions thereto as "use" of
                  the benefits, rather than conservation of the benefits. We believe this approach is
                  consistent with the regulations and avoids what could be an awkward, if not exceedingly
                  complicated, means of ensuring that the beneficiary actually collect upon the eventual
                  sale of the "investment" asset.
               
               The SSI regulations on "Use of benefit payments" for SSI recipients states that "(w)
                  e will consider that payments we certify to a representative (sic) payee to have been
                  used for the use and benefit of the beneficiary if they are used for the beneficiary's
                  current maintenance. Current maintenance includes costs incurred in obtaining food,
                  shelter, clothing, medical care and personal comfort items." 20 C.F.R. Sec. 416.640
                  (1992).
               
               The regulations regarding "Conservation and investment of benefit payments" state:
                  If payments are not needed for the beneficiary's current maintenance or reasonably
                  foreseeable needs, they shall be conserved or invested on behalf of the beneficiary.
                  Conserved funds should be invested in accordance with the rules followed by trustees.
                  . . . . . Preferred investments for excess funds are U.S. Savings Bonds and deposits
                  in an interest or dividend paying account in a bank, trust company, credit union,
                  or savings and loan association. . . . 20 C.F.R. Sec. 416.645 (1992).
               
               The types of assets most frequently in question here are houses, additions and/or
                  improvements to existing real estate, automobiles, mobile homes, trucks, vans, and/or
                  special equipment added to motor vehicles. While the purchase of a home is to some
                  extent an investment, the additions/improvements to homes or motor vehicles that representative
                  payees make to benefit the beneficiary may not add market value to the underlying
                  asset. Furthermore, the purchase of vehicles such as automobiles, vans, and trucks,
                  or even mobile homes, whose value decreases rapidly in time, does not seem to fit
                  the type of conservation or investment of funds envisioned in the regulations at Sec.
                  416.645, which list deposits in savings account or the purchase of U.S. Savings Bonds
                  as acceptable or preferred investments. In fact, the purchase of depreciating assets
                  like automobiles hardly qualifies as an "investment" in any context.
               
               We believe that in most instances the purchases of homes, vehicles, or additions/improvements
                  thereto will qualify under the "Use of Benefits" provision of Sec. 416.640. These
                  purchases appear to directly serve the needs of beneficiaries and meet the definition
                  of "current maintenance" as shelter, personal comfort items, or reasonably foreseeable
                  needs. Therefore, deeming the purchases as use, rather than conservation, of benefits
                  is both a more accurate description of the transactions and a way to avoid the necessity
                  of developing ownership or titling of property as the means to ensure that the beneficiary's
                  benefit upon the sale of the asset. The true benefit to the beneficiary of an automobile
                  or even a house is the daily use or availability of the asset, and not its resale
                  value.
               
               Finally, we ask that if a beneficiary or his representative has information contrary
                  to what we have concluded in this memorandum concerning title, please forward it to
                  us and we will consider it. Also, if you have any questions about this memorandum,
                  please call the undersigned at 596-1246.
               
               FN2 "'Committee' includes any reorganization or protective committee formed for the
                  purpose of formulating, proposing, or carrying out any plan of reorganization or to
                  act in any other manner for the protection of the interests of the holders of any
                  class or classes of securities, or persons performing a similar function, and any
                  corporation formed or acting for any such purpose.