---
kind: "section"
citation: "5 C.F.R. § 849.301"
title: "5"
number: "849.301"
heading: "Information considered in selecting a representative payee."
url: "https://uscodex.org/cfr/5/849.301"
---

# §849.301. Information considered in selecting a representative payee.


The goal in selecting a payee is to select the person, organization, or institution that will best serve the interest of the annuitant. In making the selection, the agency considers—

- (a) **The age of the representative payee applicant.** An individual must be over the age of 18 to serve as a representative payee, except as listed in [§ 849.303(a)](/cfr/5/849.303.md?p=a);
- (b) The relationship of the person, organization, or institution to the annuitant;
- (c) Legal authority, in the form of conservatorship or guardianship, that the person, organization, or institution has to act on behalf of the annuitant;
- (d) The amount of concern that the person or organization shows in the annuitant;
- (e) Whether the potential payee has custody of the annuitant;
- (f) Whether the potential payee is in a position to know of and look after the needs of the annuitant;
- (g) Whether the representative payee applicant is currently serving, or has previously served, as a representative payee for other annuitants; and
- (h) **The potential representative payee's criminal history.**

## Notes

### Authority

Authority: 5 U.S.C. 8331; 5 U.S.C. 8345(e)-(f); 5 U.S.C. 8345a; 5 U.S.C. 8401; 5 U.S.C. 8461; 5 U.S.C. 8466(c)-(d); 5 U.S.C. 8466a.

### Source

Source: 86 FR 57012, Oct. 14, 2021, unless otherwise noted.