You asked whether a representative payee who is also acting under a Power of Attorney
                  (POA) in Minnesota for that same individual may charge a fee for POA services that
                  were not related to services performed as representative payee. We believe that, under
                  Minnesota law, Mr. S~ can charge such a fee, and that the fee appears reasonable in
                  this case. If the fee was paid from Ms. K~ inheritance, SSA should have no concerns
                  about the transaction. If you believe that the fee was actually paid, in part or in
                  whole, from Ms. K~ Social Security benefits, then the payment would still be permissible
                  so long as the POA was in Ms. K~ best interest; her personal needs were met before
                  the fee was paid; and her funds were not depleted by payment of the fees.
               
                BACKGROUND 
               Paul S~, the representative payee for Doris K~, is also a representative payee for
                  other Social Security beneficiaries. For those other beneficiaries, Mr. S~ also acts
                  as guardian and conservator. He receives compensation for acting as guardian/conservator
                  for those other beneficiaries, and those fees are approved by a court. However, Mr.
                  S~ is not a guardian or conservator for Ms. K~. Rather, he was apparently asked to
                  act on her behalf under a POA, rather than as a guardian or conservator, because this
                  would be a less costly alternative. In 2005, Ms. K~ signed a durable POA (that would
                  remain in effect if she became disabled, incompetent, or absent) authorizing Mr. S~
                  to act on her behalf. The document does not address whether Mr. K~ will be compensated
                  for her services under the POA.
               
               Ms. K~ apparently received an inheritance, and assets from that inheritance are held
                  in the same account where her Social Security benefits are deposited. Ms. K~ tax refunds
                  were also deposited in this same account. Mr. S~ advised that he administers total
                  assets of about $30,000 for Ms. K~. Mr. S~ reported that, for the periods from June
                  1, 2005, through May 31, 2007, he used the vast majority of Ms. K~ Social Security
                  benefits for her food and housing, and a small portion (for the period from June 1,
                  2005 through May 31, 2006) were used for other things for her benefit, such as clothing,
                  education, medical and dental expenses, recreation or personal items. He reported
                  that he did not conserve any of Ms. K~ Social Security benefits for the period from
                  June 1, 2005, through May 31, 2007.
               
               On January 3, 2007, Mr. S~ withdrew about $550 from that account for services rendered
                  under the POA. Mr. S~ has advised that this fee was taken from Ms. K~ inheritance.
                  The copy of the check book ledger from the account shows that the balance in the account
                  at the time the $550 fee was paid in January 2007 was about $6,000. It is not clear
                  from the portion of the records provided what portion of the balance in the account
                  as of January 3, 2007, might represent Social Security benefits, and how much might
                  be allocable to inheritance or other sources.
               
               Mr. S~ advised that most people acting under a POA charge $35 to $75 per hour for
                  their services, while he charges only $29 per hour. Apparently, Mr. S~ is now being
                  paid by the county to manage Ms. K~ inheritance, and he will, therefore, no longer
                  be charging Ms. K~ for his services under the POA.
               
               DISCUSSION  
               We note as an initial matter that appointment of a POA to act as representative payee
                  is permitted under Agency policy, especially since the presence of a POA indicates
                  a favorable, trusted relationship exists between the beneficiary and the person holding
                  the POA.  See POMS GN 00502.105(C); 00502.139(A)(6), (B)(6). Because Mr. S~ also charges Ms. K~ a fee for services
                  he provides for her outside of the representative payee context, he is also her creditor.
                   See POMS GN 00502.135. Nevertheless, as you pointed out, even as Ms. K~ creditor, Mr. S~ is not precluded
                  from being her representative payee, so long as he is otherwise an acceptable representative
                  payee, does not pose any harm to Ms. K~, the financial relationship does not pose
                  any substantial conflict of interest, and no other representative payee can be found.
                  POMS GN 00502.135. Apparently, Mr. S~ is otherwise an acceptable representative payee and the best
                  available representative payee for Ms. K~, and there is no suggestion that he would
                  pose any harm to Ms. K~. We believe it would also be reasonable to conclude that there
                  is no substantial conflict of interest between him acting as Ms. K~ representative
                  payee and acting for her under a POA, so long as he is properly charging a reasonable
                  fee as a POA.
               
               Mr. S~ could not charge Ms. K~ for the services he provides as the representative
                  payee of her Social Security benefits. See POMS GN 00602.110. However, Mr. S~ claims that the $550 fee was not for his services as Ms. K~ representative
                  payee, but rather solely for the services he provides for Ms. K~ under the POA in
                  managing her inheritance. It appears that, under Minnesota law, Mr. S~ can charge
                  a reasonable fee for his services under a POA.
               
               Under Minnesota law, a court must approve compensation for services performed as a
                  guardian or conservator of an individual’s estate. See Minn. Stat. Ann. § 524.5-502(c). However, an individual acting under a POA, as in this case, is not
                  subject to court review of his or her actions. See generally Minn. Stat. Ann. § 523.21 (POA has no duty to render an accounting of transactions unless requested
                  by the principal, required by the instrument conferring the POA, or the individual
                  with the POA reimburses himself for an expenditure made on behalf of the principal).
                  The Minnesota statutes do not address whether, when, or how much an individual can
                  charge for services provided under a POA. Compare Minn. Stat. Ann. § 523.23(5) (addressing the right of the individual acting under a POA to reimbursement
                  for expenditures made on behalf of the principal). However, in a case before the Minnesota
                  Supreme Court that involved a dispute over an accounting, the court upheld a trial
                  court’s determination of the amount of compensation and individual should receive
                  for his services under a POA where the agreement between the parties made no provision
                  for compensation. Frisbie v. Frisbie, 33 N.W.2d 23, 30 (Minn. 1948). Thus, it appears that Minnesota would permit an individual
                  acting under a POA to charge a fee for services, even if the agreement between the
                  parties does not expressly provide for compensation. However, the fee will likely
                  be limited to a reasonable level if challenged.
               
               Here, as in the Frisbie case, the document establishing the POA does not expressly provide for compensation.
                  But neither does it prohibit compensation. We believe that Minnesota law would permit
                  Mr. S~ to charge a reasonable fee, from Ms. K~ assets, for his services under the
                  POA. If Mr. S~ collected only a one-time fee (or an annual fee) of about $550, that
                  would probably be seen as reasonable. Compare Frisbie, 33 N.W.2d at 30 (approving $4,139.47 in both fees and expenses for services performed
                  under a POA during a period of a little more than three years from 1943 to 1946).
                  Mr. S~ advised that most individuals acting under a POA charge $35 to $75 per hour
                  for their services, and he charged only $29 per hour. Assuming this is accurate, and
                  assuming he charged a reasonable number of hours, his fee seems reasonable.
               
               However, even though Minnesota would allow Mr. S~ to charge this fee, the question
                  still remains whether it was proper for Mr. S~ to collect those fees from the bank
                  account where Ms. K~ Social Security benefits are held. Mr. S~ asserts that the fee
                  was taken from a bank account that holds Ms. K~ Social Security benefits, as well
                  as her inheritance, and that the fees were taken from the inheritance. We found no
                  SSA policy that would prohibit the representative payee from commingling the beneficiary’s
                  Social Security benefits with the beneficiary’s other assets. And assuming that the
                  fee was taken from funds allocable to Ms. K~ inheritance, there would be no violation
                  of SSA policy. However, even if a portion or all of the fee were paid from Ms. K~
                  Social Security benefits, this would not necessarily be a violation of SSA policy.
                  POA fees are analogous in many ways to guardianship and conservator fees. Under SSA
                  policy, part of a beneficiary’s funds may be used for guardianship or conservatorship
                  costs and fees so long as the guardianship or conservatorship appears to be in the
                  beneficiary’s best interest; the beneficiary’s personal needs are first met; and the
                  beneficiary’s funds would not be depleted by the guardianship or conservatorship costs.
                  POMS GN 00602.040. Here, Ms. K~ voluntarily agreed to the POA, and it appears to be in her best interest,
                  especially since it is less costly than a guardianship or conservatorship. The fact
                  that the county is now willing to cover the costs of the POA in administering the
                  inheritance also suggests that this arrangement is in Ms. K~ best interest. Based
                  on the information we were provided, it would appear reasonable to conclude that Ms.
                  K~ personal needs were met before the POA fee was paid. And based on the account balances,
                  payment of the fee did not deplete her funds. Therefore, we believe it would be appropriate
                  to find that this was an appropriate use of benefits if some or all of the POA fee
                  was paid from the Social Security benefits.
               
               CONCLUSION
               In sum, the POA fee Mr. S~ charged was permitted under Minnesota law and appears to
                  be reasonable. If the fee was paid from Ms. K~ inheritance, as Mr. S~ has asserted,
                  there would be no suggestion of a violation of SSA policy. However, even if the funds
                  were paid in whole or in part from Social Security benefits, you could find, based
                  on the information provided, that the payment would be an appropriate expenditure
                  of benefits.
               
               Sincerely
Donna L. C~
 Regional Chief Counsel
 By: _______________
               
               Suzanne D~
 Assistant Regional Counsel