My brother was taking care of my mother. She is on Social Security. He ended up going to jail, but he didn't have power of attorney. He was the caretaker of my mother. Now that I have my mother what do I have to do to get her benefits?
Add your voice! Click below to answer. ThriftyFun is powered by your wisdom!
While I am not exactly clear on what you are asking, I hope this helps.
If your mom is on social security and moved from your brother's home to yours, she needs to change her address with the social security administration. Here is their phone number: 1 (800) 772-1213. You cannot do this for her, she needs to do that herself.
If your mom wants you to help pay her bills and make various decisions for her, she will need to be of sound mind and it is best to have a lawyer create one or all of the forms of Power of Attorney available in your state. Each state is different, so be sure to find a reputable lawyer in your state to get this done.
Also be sure that your mother has a defined will and that she assigns someone she trusts to execute it upon her passing. If this is not done there can be all kinds of issues when she passes on.
If your mother is NOT of sound mind, you will want to talk to a lawyer to apply for guardianship over her so you can take care of her. This is a very expensive and lengthy process and again, each state is different so be sure to talk to the lawyer about your state's requirements and how long it takes.
Some people will tell you you do not need a lawyer to do power of attorney paperwork that you can do it online. I am sure in some places that is possible, but it is never recommended because of the complexity of the situations. In these matters it is ALWAYS best to have it done by someone who has a law degree and a license to practice in your state.
Always best to leave these things to a professional.
Post back with updates! Prayers and blessings to you and your family.
You can draw up a power of attorney yourself. Forms are online. You have to have your mother sign it and get it notarized in my state. The next step is to notify Social Security that you are the new caretaker and the benefits will be sent to you. Be sure you keep careful records to show that the money is actually spent on your mother. Social Security can call you in requesting this.
Actually you need to talk to her doctor and tell him you are her caretaker. Usually if your mom is able to talkand write she can make you her caretaker. But usually you need a layer to become official power of/ attorney.Write out a paper and bring your mom to the doctor and have her sign it in front of the doctor .
There are too many variables in your case to offer advice or even good suggestions as someone who knows family law would have to ask a lot of questions before giving you legal advice.
You really need to discuss this problem with an attorney.
If you cannot afford to pay high legal fees you can search Google for Family Services with your zip code and make an appointment to discuss this problem with them. They should be able to supply information since this is concerning a senior who apparently needs care in her daily needs.
You cannot change very much over the telephone with Social Security and only your mother has the authority to change anything about her benefits.
Social Security benefits are usually deposited in a bank account so you will have to have legal right to access these funds.
If your mother agrees, an attorney can make arrangements through the court for you to have access to her benefits if they are being used to take care of her.
A POA is only good while that person is alive and is no longer valid when the person dies.
If you have taken over the care of your mom, you will need to go to an attorney and also SSN to see what you can do to get the money transfered to your account instead of your brothers. The court is the only one who can issue you power of attorney and you should seek legal advice to see what you need to do.
Add your voice! Click below to answer. ThriftyFun is powered by your wisdom!
