TN 9 (11-23)

GN 00505.019 Statutory Guardian in Canada

A. General

Provincial statutes in Canada provide for an official (i.e., Public Trustee, Public Curator or Administrator of Estates) to act on behalf of certain individuals who are confined to or on leave or probation from mental hospitals. These officials and their deputies are appointed for an indefinite period of time and are empowered under provincial law to act for the mentally incompetent person unless or until another guardian is appointed or until final discharge of the person. The legal status of these guardians under provincial law does not limit the authority of the Social Security Administration to select the person best qualified to serve as representative payee; however, in the usual case, the statutory guardian will be found to be best qualified.

B. Evidence Required

The public officials act under authority of public statute. Where a public official acting as statutory guardian is to serve as a representative payee, the following documentation is required:

  1. 1. 

    Evidence that the statutory guardianship laws apply to the beneficiary. This may be established by an SSA-787 or other acceptable medical evidence of the beneficiary's incapability which shows that the individual is confined in a mental hospital in the respective province or, if the beneficiary is on leave or probation, the name, address and relationship of the individual with whom they are living. No medical evidence is required if the payee-applicant is the Public Curator of Quebec. If an adult has been placed under such public curatorship, a finding of mental incapacity has already been established by a psychiatrist; and

  2. 2. 

    A signed statement by the public official or their deputy indicating that they are acting in their official capacity in accordance with public statute as the statutory guardian of the beneficiary and stating that the beneficiary has no other committee or legal guardian. The statement may be included on the SSA-11BK.

C. Payee Legend

It will not be necessary to establish the name of the official since the application will frequently be filed by a deputy. The official's name will not be used in the payee legend. Instead, the payee legend should show, for example, “Public Trustee for . . .,” this eliminates the need to process a change of payee when a new official is appointed to office.

To Link to this section - Use this URL:
GN 00505.019 - Statutory Guardian in Canada - 11/17/2023
Batch run: 11/17/2023