An incompetent individual may exercise the right of access on his/her own behalf.
A legal guardian may also access his/her ward's records when acting on behalf of the ward.
A representative payee does not have the same access rights as a legal guardian, but has access only to information
that is necessary to discharge the duties of a payee. A representative payee's request
for other information should be handled as an FOIA request.
Of course, if an individual is both a representative payee and legal guardian, whichever
capacity affords the greatest access will prevail. See GN 03305.005B.1. for who may consent to the disclosure of an incompetent individual's records.