---
kind: "section"
citation: "45 U.S.C. § 231k"
title: "45"
title_heading: "Railroads"
number: "231k"
heading: "Incompetence"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/45/231k"
units:
  - "Chapter 9 — Retirement of Railroad Employees"
  - "Subchapter IV — Railroad Retirement Act of 1974"
---

# §231k. Incompetence

- (a) Every individual receiving or claiming benefits, or to whom any right or privilege is extended, under this subchapter or any other Act of Congress now or hereafter administered, in whole or in part, by the [Board](/usc/45/231.md?p=i) shall be conclusively presumed to have been competent until the date on which the [Board](/usc/45/231.md?p=i) receives written notice, in a form and manner acceptable to the [Board](/usc/45/231.md?p=i), that he is an incompetent, or a minor, for whom a guardian or other [person](/usc/45/231.md?p=l) legally vested with the care of his [person](/usc/45/231.md?p=l) or estate has been appointed: Provided, however, That, regardless of the legal competency or incompetency of an individual entitled to a benefit administered by the [Board](/usc/45/231.md?p=i), the [Board](/usc/45/231.md?p=i) may, if it finds the interest of such individual to be served thereby, recognize actions by, and conduct transactions with, and make payments to, such individual, or recognize actions by, and conduct transactions with, and make payments to, a relative or some other [person](/usc/45/231.md?p=l) for such individual’s use and benefit.
- (b) Every guardian or other [person](/usc/45/231.md?p=l) legally vested with the care of the [person](/usc/45/231.md?p=l) or estate of an incompetent or minor who is receiving or claiming benefits, or to whom any right or privilege is extended, under this subchapter or any other Act of Congress now or hereafter administered, in whole or in part, by the [Board](/usc/45/231.md?p=i) shall have power everywhere, in the manner and to the extent prescribed by the [Board](/usc/45/231.md?p=i), but subject to the provisions of the preceding subsection, to take any action necessary or appropriate to perfect any right or exercise any privilege of the incompetent or minor and to conduct all transactions on his behalf under this subchapter or any other Act of Congress now or hereafter administered, in whole or in part, by the [Board](/usc/45/231.md?p=i). Any payment made pursuant to the provisions of this section shall be a complete settlement and satisfaction of any claim, right, or interest in and to such payment.

## Source credit

(Aug. 29, 1935, ch. 812, § 12, as restated June 24, 1937, ch. 382, pt. I, 50 Stat. 307, as restated Pub. L. 93–445, title I, § 101, Oct. 16, 1974, 88 Stat. 1345.)