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Does dad have the ability to contact SS offices to have the funds moved to the new bank? By way of explanation - my Mom went into memory care in 2020 with fairly advanced Alzheimer's. She always handled their finances and she and my Dad (who's still living and is showing early signs of dementia himself now) had a joint bank account into which her SS payments were automatically deposited. My Dad has been using these funds for things like tires on his car, etc., not for her care (though he does pay for her medicines, and LTC insurance is covering the Memory Care facility). He closed the bank account out and moved the funds to another bank, forgetting that my Mom's SS checks were getting deposited there. He's now trying to get the SS office to start sending the SS deposits to his new bank and he's getting nowhere with the SS office and he's asked for my help in sorting this out.


My sister has DPOA for my Mom and wants the funds moved into a separate bank to be used for my Mom's care only.


Do either of them have the authority to do what they want (Dad to move the funds to the new bank, sister to open a new account)? I don't want to be in the middle, so just trying to help understand what's what.


Thanks!

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As you have found out, u should never close out an acct till ur sure your direct deposits are going to the new acct.

I agree that the one holding the POA should become the payee. As Moms POA she can set up a separate acct for Moms SS check to go into. For now SS is getting the direct deposit return saying the account is closed. I would actually go to an office near you if they are open. Doesn't have to be in the same State. Our local office is 1/2 away. I can go over the bridge and be to that States SS office in 15 min. As said POA will not matter so POA may want to verify what is needed before she goes.
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Reply to JoAnn29
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As durable POA, your sister could move the funds. With father alive, not sure what happens then though. Assuming he moved the funds, his name is on the account, and your sister should not have complete access to do anything she wants as he is alive. If his name was not on the account, he should not have been able to move funds. You need estate planning attorney to assist you.

As for SS...Good luck with that one. They do not accept POA or anything else othe than their own form to name a “representative” for a person incapable of handling their own financial issues. If there is a SS office in your city/town, I suggest you pay a visit and we what paperwork they need to support making someone a representative and resuming paperwork. I’m talking about a doctor letter on letterhead stating she is incapacitated, that would go along with their form request. You can also call them or go to SSA.gov to find info as other folks have advised below.
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Reply to ML4444
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Whether or not your dad had the authority to close the account depends on the rules of the bank but for most (and apparently this bank) either party can remove the funds and close the account. That’s the bank rules. That’s not necessarily Social Securities rules.

Look on the SS website and you will find instructions for rep payee for SS. I’ve attached the link. While SS doesn’t recognize the POA as giving sister permission to manage moms SS they will allow her to apply. Then she can open an account for mom and file the annual report showing how her money has been spent.

Who is your dads POA?
Does your sister have access to the new account?
Assuming your dad has access to other assets that are moms as well, sister may need to take steps to protect moms interest. Does the LTinsurance pay for the duration of moms life? Some policies do, some do not.
If dad is making poor financial decisions, it could hurt them both in the future.
Dad may have some liability already with taking moms SS out of her bank account.
Im not sure how that works.
Here is the link for representative payee.

https://www.ssa.gov/payee/faqrep.htm
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Reply to 97yroldmom
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I'm afraid someone may need to become the SS payee to set up a new direct deposit. I don't believe that they take POAs.

If Dad is getting forgetful, the POA is probably the better choice to apply to be the payee.
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Reply to Frebrowser
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