Virginia Regulatory Town Hall
Agency
Department of Behavioral Health and Developmental Services
 
Board
State Board of Behavioral Health and Developmental Services
 
Guidance Document Change: This document contains a draft sample of Virginia’s Supported Decision-Making Agreement (SDMA), which was mandated as part of the Department of Behavioral Health and Developmental Services’ powers and duties related to supported decision-making agreements in § 37.2-314.3 of the Code of Virginia by the 2021 Special Session I of the Virginia General Assembly with the passing of House Bill 2230. Instructions on how to complete the agreement and optional discovery tools are included. SDMAs provide a way for individuals to document when they want support with making decisions, how they want to receive that support, and who they want to support them.
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6/24/22  10:57 am
Commenter: disAbility Law Center of Virginia: Contact Robert Gray

Clarification of Definition of "Representative Payee"
 

The following language appears on Page 4 of the Proposed Document:

"Representative Payee- A person that helps pay your bills, budget and makes sure you have money for the things you need."

The definition quoted above should be clarified to specify that Representative Payees are persons whom the Social Security Administration (SSA) appoints to handle an individual's Social Security benefits.   A Representative Payee does not have authority to handle an individual's non-SSA funds unless she is separately authorized to do that (such as by a Durable Power of Attorney or other legal authority).

By the same token the SSA will not recognize, or share an SSA beneficiary's information with, a person who is authorized under a power of attorney to conduct business on behalf of the beneficiary, but who has not also been appointed as that beneficiary's representative payee.

 

CommentID: 122165