# 5 CFR § 849.203: Information considered in determining whether to appoint a representative payee

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-5-849.203

## Section

- **Citation:** 5 CFR § 849.203
- **Heading:** Information considered in determining whether to appoint a representative payee
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 5—Administrative Personnel > CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT > SUBCHAPTER B—CIVIL SERVICE REGULATIONS > PART 849—REPRESENTATIVE PAYEES > Subpart B—Determining Whether or Not Representative Payment is Appropriate

## Text

In determining whether to appoint a representative payee, the agency will consider the following information:
(a) Evidence of legal guardianship or other court determinations. Evidence of the appointment of a legal guardian or other person legally vested with the care of the individual or estate of an incompetent or a minor shall be a certified copy of the court's determination.
(b) Medical evidence. The agency will use medical evidence to help determine whether an annuitant is capable of managing or directing the management of benefit payments. For example, a statement by a physician or other licensed health practitioner, based upon his or her recent examination of the annuitant and his or her knowledge of the annuitant's present condition, will be used in the agency's determination, if it includes information concerning the nature of the annuitant's illness or disability, the annuitant's chances for recovery, and the opinion of the physician or other licensed health practitioner as to whether the annuitant is able to manage or direct the management of benefit payments.
(c) Other evidence. The agency may also require statements of relatives, friends, or other people in a position to know and observe the annuitant, which contain information helpful to the agency in deciding whether the annuitant is able to manage or direct the management of benefit payments.

## Nearby sections

- [5 CFR § 849.101 § 849.101 Applicability and purpose.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.101.md)
- [5 CFR § 849.102 § 849.102 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.102.md)
- [5 CFR § 849.103 § 849.103 Implementing directives.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.103.md)
- [5 CFR § 849.201 § 849.201 When to make payment to a representative payee.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.201.md)
- [5 CFR § 849.202 § 849.202 Payment of annuity while finding a suitable representative payee.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.202.md)
- [5 CFR § 849.203 § 849.203 Information considered in determining whether to appoint a representative payee.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.203.md)
- [5 CFR § 849.301 § 849.301 Information considered in selecting a representative payee.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.301.md)
- [5 CFR § 849.302 § 849.302 Order of preference in selecting a representative payee.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.302.md)
- [5 CFR § 849.303 § 849.303 Individuals who may not serve as a representative payee.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.303.md)
- [5 CFR § 849.304 § 849.304 Selecting a representative payee.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.304.md)
- [5 CFR § 849.305 § 849.305 Notice of the determination to select a representative payee.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.305.md)
- [5 CFR § 849.401 § 849.401 Responsibilities of a representative payee.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.401.md)
- [5 CFR § 849.402 § 849.402 Use of payments.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.402.md)
- [5 CFR § 849.403 § 849.403 Accountability of a representative payee.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.403.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-5-849.203. Check the current official text before relying on it. Not legal advice.