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mboyette Asked May 29, 2024

My friend is taking care of her disabled 95 year old mother who lives with her. The mother receives $1,300 per month in Social Security.

The mother receives 1,300 per month but the money is going to her son's bank account because he has Power of Attorney over her........The daughter who is taking care of her Mother receives nothing and the mother lives with her, can something be done about this?

igloo572 Jun 1, 2024
MBoyette, Just a thought but at $1300 a mo SSA, that’s somewhat low for SSA retirement income. Now if the mom is super old, like in her 90’s that could make sense as it’s based on work history from eons ago when wages were lower. But if this mom is in her 70’s, $1300 is low. I’d suggest that the mom and the daughter try to find out what the $1300 is based on and if it’s correct. “mom” can go online to created her SSA account to look at all this, “mom” would do it with her daughter helping her in the process…. comprende?

Avg SS paid is $1788-$1905, with a max of $3822 and lots of folks actually do get the max.

Most SSA retirement income mo payment have the Part B Medicare $175 a mo premium taken out. So if that is being done, she absolutely needs to continue with this, it’s standard stuff. But look to see if anything else is being attached to her SSA income, like a lien or Medicare Part A premiums.
AlvaDeer Jun 1, 2024
She may have retired early, like me, Iggy.
I get 1,700 but retired at age 62 and have been two decades retired. Great salary as an RN and often doubled my last years. Just that early retirement makes all the difference. I loved it, however, and figure the government had to pay me a whole ton before I even retired. Had a few small pensions as LPN and as RN that bumped it up a bit. My bro made only 875 on SS when he died at 85 4 years ago. So many are not getting all that much, esp if they didn't earn a whole lot.
PeggySue2020 May 30, 2024
Igloo, what exactly is entailed in switching over the ss payee? Does the beneficiary have to show up at their office? Or just have it notarized? I’m thinking regardless that if Mom is this competent she can reassign poa to her daughter after which Mom and or daughter sue the son for 1300 for every month this has been going on.
Isthisrealyreal May 31, 2024
I would file a complaint with Social Security that brother is receiving moms monthly benefits and not ensuring that moms money is being used for her, he is keeping it. This is a serious crime and one that will get SSA attention and action when reported.

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Kimberlc May 30, 2024
Yes, contact an attorney in your area and see what a consultation costs. Most the time they're free. Stipulate that you also want to include the attorney fees in the settlement.

igloo572 May 30, 2024
Mom makes her daughter her SSA representative payee. So that $1300 each month will get a change of where it is sent….. like from brothers address to a new fresh bank account mom & your friend open up. Brother can stay POA. He doesn’t even need to give involved in this BECAUSE…. wait for it…..SSA does NOT recognize POAs at all.

if the mom still seems pretty competent, then the daughter makes a SSA appointment in person appointment AFTER up the new bank account is set up in the moms name as the owner with the name with the daughter as a signature on the account.
AlvaDeer May 30, 2024
Iggy, in a case like this can the mom later lose medicaid funding because she let her daughter manage all her SS money? Would it be considered gifting? Would the daughter have to keep the meticulous records I had to as POA and Trustee with files for all expenditures?

My worry is that later when Mom might need in facility care there will be accusations of fraudulent use of a senior's assets?

Would love to be filled in on this because wow, would it ever be the easier way to go if she is the caregiver.
MeDolly May 30, 2024
Hire an attorney, he cannot use her money for himself, simple as that.

AlvaDeer May 29, 2024
Yes. A care contract. Daughter should tell brother POA that he has a month to arrange an agreement with an attorney of his choice so that you can attend with him to make a care contract. Best not to use "rental" as that is income to you. Ask for "shared living expense", this much for month sharing of mortgage or rental, this much for utilities, this much for transportation, this much in cash for groceries and cooking and etc.
This is protection for Mom and for her daughter. She should also keep a diary and record.

If Bro/POA will not do this then she should tell him she'll contact APS, let them know, and they will likely help her apply for guardianship of mom
OR
He can take care of mom from now on or place in care in facility.
Let it be his choice.
IF mother is competent, by the way, she can change her POA to her daughter the second she walks into an attorney office.

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