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?
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.
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...!
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.....
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...!
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
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
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!!!!
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.
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
Simply put "NO". Only the Soc. Security through being an AUTHORIZED REPRESENTATIVE can the COUSIN "Take" (have the check sent to a particular account ). HOWEVER, with a POA the person can write checks for example, Mary Jane POA.
Sloegin, I hope you do not find this offensive for me to ask back a ?. But, why are you not POA?. Get a lawyer if you think somethings fishy or are really uncertain. This can be complicated. Answers will be coming out of the woodwork.
I would tread lightly on this issue before contacting Social Security. I have heard of circumstances where the state has stepped in and taken over the affairs and left the care of the person in control of the state. Contact a lawyer and the bank before you go to S/S
I believe he can .Find out how/ why he was given this designation, and if need be call local dept.of aging for refferal to an honest atty. Good luck,God Bless.
Hi, kind of late on this but I do have to say that in our case, myself being the DPOA for my Mom, she was to fill out a form giving me rights to do it BUT she has dementia so I needed to fill out a form myself, as the DPOA, and mail or fax it in. The SS people are very strict. If your husband is incompetent, this will probably be what you need to do. Call the SS office. good luck
Just a note - if your husband's cousin does do this (and hopefully then sends you your share) make sure he gets the account set up correctly. It should NOT be a joint account in both names. It should be set up as an account with him as POA for your husband.
My brother requested that for my mom and was told the account was set up correctly. Turns out the bank actually set it up as a joint account. Another state made a ruling against my brother for some additional child support. Because it was a joint account, they were able to hit the account and take all of the money in it. So far, he's gotten back everything except the $100 fee that the bank charged for the transaction. But if the account had been set up correctly, they shouldn't have been able to take anything.
Where ever your husband's name appears, the POA's name can also. My mother and step-dad have a joint account from which I pay some of her bills because I'm her POA. Also, the bank where my mother and I have a joint account needed a copy of my POA for me to be able to deposit her long term health insurance reimbursements, but when I pay the nursing home and pay her taxes, I don't have to write POA on our joint account checks.
Because the checks are likely made out to your husband, he could get the check and forward you your share. Beyond the 50/50 which might be the law there, your husband has continuing expenses beyond his care, e.g. care of house, car, your support if that existed, etc. .
Some things relate to the state of residence. As mentioned in a prior answer, half of the his check may be yours as his wife and half of your SS may be his. Could be a wash. likely not probable though. POA gives the same rights the person would have had and no more. If you can't work things out with the POA, let that person know you will be seeking legal advice and then, if there is no come to Jesus, you must act. I would hope that your husband picked his cousin because he believed he would do the right thing. And, the right thing is to consider the legal rights of the spouse. Wishing you success, Chad
Suzy---I would direct this question to the bank you deal with-also to social security administration in addition to the people in this forum......I am sure they have had dealings with this situation in the past.
Probably. Read the POA. But part of $ probably belongs to you. I would contact social security admin, local state atty general office devoted for elder abuse if you suspect foul play. Good luck
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.
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
I have heard of circumstances where the state has stepped in and taken over the affairs and left the care of the person in control of the state.
Contact a lawyer and the bank before you go to S/S
My brother requested that for my mom and was told the account was set up correctly. Turns out the bank actually set it up as a joint account. Another state made a ruling against my brother for some additional child support. Because it was a joint account, they were able to hit the account and take all of the money in it. So far, he's gotten back everything except the $100 fee that the bank charged for the transaction. But if the account had been set up correctly, they shouldn't have been able to take anything.
Best,
Hap