In selecting a payee we try to select the person, agency, organization or institution that will best serve the interest of the beneficiary. In making our selection we consider—

1. (a) The relationship of the person to the beneficiary;
2. (b) The amount of interest that the person shows in the beneficiary;
3. (c) Any legal authority the person, agency, organization or institution has to act on behalf of the beneficiary;
4. (d) Whether the potential payee has custody of the beneficiary;
5. (e) Whether the potential payee is in a position to know of and look after the needs of the beneficiary;
6. (f) The potential payee's criminal history; and
7. (g) Whether the beneficiary made an advance designation (see § 404.2018).

[47 FR 30472, July 14, 1982, as amended at 84 FR 4325, Feb. 15, 2019; 85 FR 7664, Feb. 11, 2020]