What steps should a court-appointed conservator in California take to legally manage a person's Social Security benefits?

A court-appointed conservator must apply separately to the Social Security Administration (SSA) to be designated as the "Representative Payee." The California court order alone is not sufficient to grant access to or control over these federal benefits. Here are the steps to legally manage a person's Social Security benefits: Step 1: Obtain Certified Court Documents After your appointment, get certified copies of your Letters of Conservatorship and the court order appointing you as conservator. You will need to provide these to the SSA as proof of your legal authority. You can request these from the court clerk's office where you were appointed. Step 2: Contact the Social Security Administration You must immediately contact the SSA to apply to become the Representative Payee. Call the SSA's national toll-free number at 1-800-772-1213 or schedule an appointment at a local SSA office. Explain that you are a court-appointed conservator and need to manage the conservatee's benefits. Step 3: Complete the SSA Application and Interview The SSA will require you to complete an application (Form SSA-11-BK) and attend an interview, either in person or by phone. During the interview, an SSA representative will verify your identity and assess your suitability to manage the funds. Step 4: Open a Dedicated Bank Account Once approved as the Representative Payee, you must open a new bank account specifically for the Social Security deposits. The account title must clearly show the funds belong to the conservatee and are managed by you. An example of a correct title is "[Your Name], Representative Payee for [Conservatee's Name]." Do not deposit these funds into your personal account or any other account. Step 5: Manage Funds and Keep Records You have a duty under California Probate Code § 2401 to use the benefits for the conservatee's basic needs, such as housing, food, and medical care. You must keep detailed records of all income and expenses. Any funds not used for current needs must be saved in the dedicated bank account. Step 6: File Annual Reports You are required to submit an annual report to the SSA (Representative Payee Report) detailing how you used the funds. Additionally, you must report this income and all expenditures in your annual accounting to the California probate court, as mandated by California Probate Code § 2620. Important Details and Nuances: The SSA's approval process is independent of the court's and can take several weeks. You cannot access or redirect benefits until the SSA officially designates you as the Representative Payee. Under California Probate Code § 2451, your power as conservator includes collecting benefits owed to the conservatee, but you must follow the SSA’s specific procedure to do so. Warnings and Limitations: Misusing Social Security benefits is a federal crime and can lead to severe penalties, including repayment of misused funds and removal as both payee and conservator. Your role is a fiduciary one, and you must act solely in the best interest of the conservatee. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.