My husband's Power of Attorney is his cousin. Can he have my husband's SS check and Pension re-routed to an account he sets up for my husband? - AgingCare.com

My husband's Power of Attorney is his cousin. Can he have my husband's SS check and Pension re-routed to an account he sets up for my husband?

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My husband's financial and medical poa is his cousin. I know the POA can't touch our joint checking account, but can he have my husband's SS check and Pension re routed to an account he sets up for my husband?

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No. An S. S. check is written to the payee only. If it comes in the mail, the payee signs it and then deposits the check. More likely, if the check comes to his bank via direct deposit, no signature is required. Your cousin or his cousin can only have P.O.A. over the account, not the deposits. The cousin can "manage" the money, but deposits are our of his reach.

Don't you think that banks know how POA's can be misused?
If it were that easy to get a hold of deposits, it would be open season on fraud. Everybody and his brother would be applying for Power of Atty. Don't mistake Guardianship for Power of Attorney.
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Husband is not competent...I doubt if he was when he signed the POA papers....I am biding my time as not to stir up anything IF I have to I will, but he is not in good shape now....Of course I think I should have been of OUR finances, everyone, have POAs with your spouses, especially if there are step children involved! I can't tell you how much easier this all would have been...!
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Why don't you have the POA on your husband?? Is your husband competent to change that over to you....Unless you aren't very responsible I think a wife should be in charge of her husbands finances.....
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Thank you all for your help....It is a direct deposit both SS and his pension....It is a mess, but, Karma is a ruling force for sure! It's a shame that there was no care about their Daddy until this....and all I have ever heard is how terrible he was, cheated on their mother, didn't take time for them...and, lots of that is true, but in later life he did attempt to get them back together (with my encouragement!)....I will check with the AD foundation sounds like a good plan! HUGS to you all......Hope your Christmas is Merry and Bright...!
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Suzy-I am back with more suggestions-and that would be DIRECT DEPOSIT-If the financial instituition will go along with it-seeing of his vascular dementia. You may also wish to contact the Alzheimer's Association-as they deal with all types of dementia's-and have a legal department.
The excessive weight sounds like a big problem-as I would have this addressed-ASAP-For all you know, it may be a side effect of the medication he is given.
Best to you and your family~
Hap
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Get another attorney and don't be afraid to scuffle the feathers of the fair-weather-relatives. If you have ever had to take charge, now is the time.
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Well with all that in mind I guess I got a little more of the picture. Then you stop fighting and care for your husband the best you can. You see in the end, all the material things such as money, homes, clothes, etc, go away too!! If you use all your energy fighting you cannot have the energy to have peace. Your husband provided for you, and you will have a memory no one else will have. Trust me even his own daughter didnt take on POA but convinced his cousin, you rest sweetheart and let Karma come to the others!!! Because it will come, Bless You
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My husband is not of right mind...I could have the POA overturned, but I do not wish to have the fighting it would entail with the family members...My husband adored me, took good care of me for providing after his death...but, he was psychotic, now diagnosed with vas dementia and intermittent delirium...while he was hospitalized his daughter had him sign POA to his cousin....I love his cousin and don't think that he would try to mess with me, but the daughters (who didn't have ANYTHING to do with "daddy" until he was gravely ill...) are just too much for me to deal with...I am fine, have talked to an attorney, they can't do anything to me....it's just sooo tragic "losing" my husband and then having to worry when the next shoe may fall...They want to take care of daddy in our home and said for me to leave....um, it's OUR home....so, long story short....it's even worse when their are step children involved!!!!
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Social Security does NOT recognize POA. You must be an Authorized Representative to control a Soc. Sec. Check through the Soc. Sec. Administration. Once you are an Authorized Representative ; take the document to the bank and no one can withdrawal the account except the Authorized Representative. However, this can be stopped with a trip to the Doctors office or a trip to the Soc. Sec. office with the person who recieves the check to show YOU are now the "BEST" person to manage the finance. The cousin will not longer be The Authorized Representative, however, cousin may remain the POA until the person changes their POA through their attorney. The person must be competent or a Guardianship may be required. Oh well. what do I know. Hope this helps.
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Wow Sloegin, I wish I could understand how your husband's cousin got to be his POA and not you? It is hard to answer this because yes, POA has the same rights as the person themselves. Are you able to discuss any of this with your husband? I hope your husband cousin is not taking advantage of the both of you. Good luck to you
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