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Social Security representive payee....

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djbaker1969

Junior Member
What is the name of your state? New York

My 72 yr old psychotic mother is now at a state run psychiatric hospital. She still refuses to give me a power of attorney. She owns a co-op apartment worth about $70K and has about $40K in cash. The psych hospital petitioned to become the receiver of her social security checks, I told them that her SS is currently direct deposited in her bank account and is used to pay her private health insurance premiums and her co-op maintenance and insurance. I explained if her maintenance stops getting paid - her apartment will probable eventually go into foreclosure or at least become encumbered. They have agreed to and suggested I become a representative payee of my mother's social security.

Is this a smart or foolish thing for me to do?

What are the advantages and disadvantages?

I assume the hope of protecting any of her assets at this point (for my ultimate benefit) is nil?

Thanks very much for your input.
 


BlondiePB

Senior Member
What is the name of your state? New York

My 72 yr old psychotic mother is now at a state run psychiatric hospital. She still refuses to give me a power of attorney. She owns a co-op apartment worth about $70K and has about $40K in cash. The psych hospital petitioned to become the receiver of her social security checks, I told them that her SS is currently direct deposited in her bank account and is used to pay her private health insurance premiums and her co-op maintenance and insurance. I explained if her maintenance stops getting paid - her apartment will probable eventually go into foreclosure or at least become encumbered. They have agreed to and suggested I become a representative payee of my mother's social security.

Is this a smart or foolish thing for me to do?

What are the advantages and disadvantages?

I assume the hope of protecting any of her assets at this point (for my ultimate benefit) is nil?

Thanks very much for your input.
Your mother cannot grant anyone POA due to her being incompetent to do so.

A Rep. Payee can ONLY handle SS funds and NOTHING else.

To handle all of your mother's affairs, petition the court to be her guardian. You need to see & hire an attorney that does guardianships.

Furthermore, your mother's assests MUST be used to provide for HER care and NOT for your ultimate benefit. You will have to answer to the court for any missing, misused, fraudulent conveyances, etc. And, you MUST be eligible to be a guardian.
 
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