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tatiana4189 Asked December 2012

If I open an account in my name, do I become liable for my mom's bills?

My mom is a recent victim of fraud and has outstanding debts. I obtained POA and want to open an account in my name to have her SSI and pension deposited into it. I will pay her bills from this account. If it is in my name will I assume responsibility for her debt if anything should happen to her? I can't have an account where she can withdraw money especially since the fraud situation.

Corinne Dec 2012
Please contact an Elder Lawyer. You need to be certain and not just assume what is correct. You will save money in the long run. I believe it's wise,too, because as time goes on, you'll have more questions that need correct legal answers. Been there. Done that. Stay safe! Hugs, Corinne

momhouseme Dec 2012
yes, if its in your name it is yours and you would be responsible.

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purplesushi Dec 2012
I don't believe you will be liable for your mother's debts, whether you have a joint account or not. The POA is merely "permission" to contact the debtors in her stead, and allows you to write checks to pay the bills - it does not transfer the liability of the debt to you. I agree that you will not be able to have her SS check deposited into an account without her name on it. What I would do is open a new, joint account, and don't give her access to it. She can't withdraw funds if she doesn't have any checks or an ATM card.

toninaf Dec 2012
Hopefully you don't have siblings because you would have a mess turning into possible fraud.

BlueRick Dec 2012
Open a joint checking acct. On the day the money is deposited either transfer the money into your acct or write a check to yourself and deposit it in your own acct to spend on her legitimate bills.

tatiana4189 Dec 2012
I am sorry it is her social security check. Thank you for the suggestions.

Yogibear Dec 2012
The Social Security Administration does NOT recognize POA. What you can do, without applying for POA or a joint account, which you will be resposible for her bills is apply for Representative Payee. Your name will be on the checking account ONLY as the person paying her bills for her if she is incapable of her own finances. On the checking account it will have your mon's name then yours saying Rep. Payee. Something to that affect. You will also be able to take care of ANYTHING having to do with her social security. Did you mean SSI (supplimental income) from SSA or regular SS checks along with a pension and SSI????

Mstone55 Dec 2012
I would say find an Elder Lawyer and possibly discuss a guardianship. I am the guardian for my minor aged son who receives SS due to his dad's recent passing and the account for that had to be in both names...his and then me as guardian. I am not sure if just a POA will allow you to have her SSI and pension deposited in an account in your name only. I am on my mom's bank accounts, but not on her credit card. I can access her accounts to pay her bills, but am not personally responsible for her credit card debt (which she doesn't have at this time). Could vary from state to state too, so definitely check with lawyer.

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