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| | Author | Messages | |
AZSUN
Posts:44
 | | 06/10/2008 9:51 AM |
 Alert | Hello everyone. I am in need of some advise, hope you can help me out. I used to care for my Aunt and have power of attorney over her about 4 years ago, we moved out of state and she moved out of state with her older sister who has had power of attorney (ONLY) over her for the past 4 years. My Aunt now wants to move back by us and live in an assitstied living spot and wants me to have power of attorney again. My other Aunt (her older sister) doesn't approve and says she will NOT release my Aunts Social Security disability funds!!!???We also just found out she had her investment funds transfered around and never informed her sister that she had done that, this certainly raises some eyebrows and I am now questioning my Aunts motives. My Aunt is supposed to be moving here on Aug. 1st and I will then get power of attorney back in line, my question is ~ will I be able to then enforce recieving her SS benifits and can I get her investments back in order where they belong, does my Aunt have any right to keep her SS benifit? She says she'll pay all my other aunts bills if we send them to her? Just doesn't make sense does it??? | | | |
| | gilbertglcn
Posts:213
| | 06/10/2008 10:46 AM |
Alert | I can recommend an attorney if you need it, but you may not. What I would do is prior to your aunt moving out here, if you can, get a list of all of her bills, utilities, credit cards, doctor's, also bank accounts. From there, see if you can get each account signed up to on- line, computer access, which will allow you to see what is going on in terms of ensuring her bills are actually paid on time, what account the funds are coming out of, etc. I would recommend that for all bills that your aunt put your name on each account, to allow you to access the account as needed. Also, see if you can get the bills electronically sent, versus by mail, and have them sent to your email address.
From there, you can also get her bank account information, so that you can also review what is going on. Just because there is a Power of Attorney, does not mean that your aunt's older sister has "appropriate" authority over her estate, etc. As long as your aunt can speak for herself, that goes a long way in determining who can do what for her. See if you can also get a copy of the new power of attorney, to see how far the authority actually goes. Also, are the bills being paid with your aunt signing them, or your aunt's sister. If her sister is paying them, and using live checks, she needs to sing the checks in the fashion stipulated in the power of attorney document. If she is not doing that, she is violating the POW.
You can contact social security and explain what is going on, but they will likely not be able to give you any information specific to your aunt's account. They may however, be able to provide you information on how to ensure that your aunt gets her money.
Finally, do NOT let your aunt's sister pay the bills, as an excuse to keep any money. If she wants to pay the bills, then have her submit a copy of each bill she is paying on behalf of your aunt, as well as a cancelled check, or proof of payment for each.
Having gone through this myself with a family member, it is a pain, as money changes people, and it is amazing the fight some will put up to keep the money, and the power over the other person. If you send me a PM, I can also recommend an attorney that handles family law, who has an office in Tempe, if that ends up being your last resort. Hope this helps, and good luck to you as you deal with this issue. | | | |
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| | bmw4242001
Posts:281
| | 06/10/2008 10:46 AM |
Alert | | If I were you I would contact a lawyer and ask him/her the same questions. Many lawyers give you an hour free consultation. That is the way to go without having to spend hundreds of dollars. | |
Proud Momma of 2 beautiful boys!!! | |
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| | RichTig
Posts:0
| | 06/10/2008 10:58 AM |
Alert | Call LeighAnn Timley - the hot lawyer from the homepage. | | | |
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| | JerriM
Posts:30
| | 06/10/2008 11:02 PM |
Alert | One thing that doesn't make sense is if your Aunt has the ability to make rational decisions for herself, why do either one of you have Power of Attorney?
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| | LeonPotter
Posts:506
| | 06/11/2008 8:32 AM |
Alert | Your Aunt may be able to change payee with the Social Security Administration (SSA). When she comes here, you can go with her to the SSA to change payee. You can ask them all the questions. You can call first, but I think it's better in person so your Aunt will be with you.
I have a relative with SSI, she's able to change payee anytime. Your Aunt may have a different situation, so the SSA is a good place to start.
As far as the power of attorney goes;they are usually limiting in scope. Did your Aunt authorize the POA herself? Is she able to make all decisions otherwise and just prefers help? Your Aunt may have more options than you think. | |
My answer is "NO" to Q#5 and Q#1.
Proverbs 22:7
The rich ruleth over the poor and the borrower is servant to the lender. | |
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|  | poobaa
Posts:157
| | 06/11/2008 10:47 AM |
Alert | I am not an Attorney and have not stayed at a holiday inn express but I have in the past and still are the representative payee for some one on SSI. Most POA expire after two years and a special one is required for real estate. If your aunt is of sound mind and has not had a court appoint a guardian of her person and estate, she can give you a new POA and go with you to the social security office and change her representative payee. Open a new bank account in her name with you as representative payee. Change address on all investment accounts so statements go to you.
Send new POA to them, though most want their own form signed and notarized. | |
"What me worry"
If you don't know where you are going, it matters less what road you take | |
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AZSUN
Posts:44
| | 06/12/2008 6:20 PM |
Alert | Thank you all for your responses and ideas. I will be calling an attorney, but I am in agreement ith the thinking that once she moves here and I get power of attorney over her again that I would be able to take control over the SS and pay the bills myself. My Aunt was diagnosed with paranoid psyscaphrania (sp??) years ago, but when she is taking her medication properly she is really fine, still has some paranioa but not as bad as before when she wasn't on anything. She lives in assisted living and will continue to do so once she moves here, she'll stay with us for a while until we find her a place and one becomes avaliable. Yes, she is able to make decisions and yes she made the POA's herself, she's pretty bad with money, spends like there's no tomorrow, thats why she needs us to help. SHOPOHOLIC! 
I thank you all again and will take your advise. | | | |
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