[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR266.2]



[Page 524]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 266_REPRESENTATIVE PAYMENT--Table of Contents

 

Sec.  266.2  Recognition by the Board of a person to act in behalf of 

another.



    (a) Regardless of the receipt of written notice of the appointment 

of a guardian or other person legally vested with the care of the person 

or estate of an incompetent or a minor who is receiving or claiming 

benefits or to whom any right or privilege is extended under the law, 

the Board may, in its discretion, validly recognize actions by and 

conduct transactions with others acting on behalf of the individual 

found by the Board to be a minor or to be unable to manage his or her 

affairs, if the Board finds such actions or transactions to be in the 

best interest of such individual.

    (b) In the absence of a written notice of the appointment of a 

guardian or other person legally vested with the care of the person or 

estate of an incompetent or minor, the Board shall, except where special 

circumstances appear, recognize a person to act on behalf of an 

individual under the following circumstances:

    (1) When the individual has been adjudged mentally incompetent by a 

court having jurisdiction to do so;

    (2) When the individual has been committed to a mental institution 

by a court having jurisdiction to do so;

    (3) When the individual is an inmate of a mental institution;

    (4) When the individual is less than 16 years of age; or

    (5) When the individual is between 16 and 18 years of age and is in 

the care of another person and does not have the capacity to act on his 

or her own behalf.



[[Page 525]]