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Sallymaxey3 Asked November 2013

A wife verses step daughter's power of attorney for husband's social security benefits. Is what's happening legal?

My eighty year old neighbor just found out that her stepdaughter has taken the last two social security checks. Now is poor wife has nothing. Is this legal?

EXPERT Carol Bradley Bursack, CDSGF Nov 2013
This sounds illegal. Generally, the wife would get half of her husband's SS when he is alive (if it's more than what she would get on her own) and he collects the full amount, and then if he dies, she gets his full check (not both). I can't imagine what is going on here, but someone needs to help her check with Social Security and see what happened. She may need the advice of an attorney. A POA doesn't give anyone the right to take money that isn't theirs.

Good luck,
Carol

pamstegma Nov 2013
The husband would have to file charges against the daughter. The wife should have her own separate check. Something important is left untold.

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