Legal evidence is required when there is an allegation that the beneficiary is legally incompetent. There must be a court order in place for finding that an individual is legally incompetent. If a court establishes that the beneficiary is incompetent, the beneficiary must receive benefits through a representative payee (payee) and no other capability development is necessary.

A guardianship or conservatorship could indicate that the beneficiary may be legally incompetent. Even if there is no direct allegation of legal incompetence, technicians should ascertain during the interview if the beneficiary has a legal guardian or conservator. Technicians must exercise good judgment and carefully evaluate the court order of guardianship or conservatorship, if available, to determine whether or not it establishes legal incompetency, and whether further development of legal evidence of incompetency is necessary. For example, if a guardianship or conservatorship is only for administration of an estate or financial asset, or if a guardianship is for an issue other than legal incompetency, accept a copy of the court order as lay evidence and continue to develop for other evidence of capability; otherwise, or if no court order copy was provided, develop for legal evidence of incompetency.

Complete the following actions to determine if the beneficiary is legally incompetent.

If a beneficiary requests direct payment of their benefits and:

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  eRPS already includes documentation on the Legal Guardian Details screen (MS 07420.011); or

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  NDRed or eView contains a copy of the court order that shows a beneficiary is legally incompetent.

You must obtain the new court order showing the beneficiary is now legally competent. If you cannot obtain such evidence, you must continue payment through a payee.

If you obtain a new court order that shows the beneficiary is now legally competent, follow the additional instructions in GN 00502.055C.

If SSA records already include documentation and a court order that a beneficiary is legally incompetent, and you take a subsequent payee application to change the payee, you must:

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  Confirm in eRPS that the court order is in SSA records.

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  Ask the payee applicant and current payee if there has been any changes in the court order.

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    If yes, follow the instructions in GN 00502.023B.

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    If no, document the current payee application, per MS 07409.007 Legal Guardian Information, with the information already documented on the Legal Guardian Details Screen (MS 07420.011).

If you can establish incapability based on convincing evidence by following GN 00502.001 through GN 00502.075, do not delay a payee appointment merely to obtain a court order. However, because you have an allegation of legal incompetence, guardianship, or conservatorship, you must still:

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  Obtain the court order within 10 calendar days. Diary the case for 10 calendar days per MS 07408.007 with CRTOR for receipt of the court order.

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  After you receive the court order:

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    Document the court order details of legal incompetence, if established, in eRPS per MS 07409.007.

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    Scan a copy of the court order into the Non-Disability Repository for Evidentiary Documents (NDRed) under the beneficiary's claim number using the Evidence Portal (EP) or into eView under the BOAN.