Sorry for jacking this thread but I was wondering if you knew anything about a rule preventing a federal employee, either current or former, from acting as a representative for someone to the SSA. I looked at the form and it says exactly that. It doesn't make sense to me since that's 10's of millions of people. Is it only a former SSA employee or any and all federal employees?
All the answers are in the POA. The principal may or may not have granted her agent to hire family members for her care. May not have addressed it at all as it would not be necessary in most situations. A separate care contract would be necessary regardless if money is involved and thus taxes to be managed. Especially if the desire is to avoid conflict with family or the IRS.
In “being employed by the principal” I’m assuming you mean the individual for whom the POA is responsible for?
I am not aware there is a federal law addressing this. I have always been told that whether a POA can be paid for their services or not comes down to the language in the POA document- that the document must specifically say the POA can draw a salary
At least that’s what my mothers attorney told me - and how my mothers DPOA document was drawn up. Although, I did choose NOT to accept any payment.
This was roughly five or six years ago so maybe things have changed..?
3 Answers
Helpful Newest
First Oldest
First
The principal may or may not have granted her agent to hire family members for her care. May not have addressed it at all as it would not be necessary in most situations.
A separate care contract would be necessary regardless if money is involved and thus taxes to be managed. Especially if the desire is to avoid conflict with family or the IRS.
ADVERTISEMENT
I am not aware there is a federal law addressing this. I have always been told that whether a POA can be paid for their services or not comes down to the language in the POA document- that the document must specifically say the POA can draw a salary
At least that’s what my mothers attorney told me - and how my mothers DPOA document was drawn up. Although, I did choose NOT to accept any payment.
This was roughly five or six years ago so maybe things have changed..?