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I have a Durable Power of Attorney pertaining to matters concerning my mother. She now lives with me and my husband when she is not in hospital - she is suffering from Congestive Cardiac Failure. My sister has my mother's social security payments paid into her bank account and tells me she is taking care of my mother's bills, etc. but as she is living with me she doesn't have any. I went to my local social security office, showed them the Power of Attorney but after speaking with my sister, decided to take no action. I am paying for things like medications, Depends, etc. and as I am not a wealthy person, feel these things should be paid out of the social security payments. I am not looking to be paid for taking care of my mother but part of keeping my mother's dignity is to make her feel she is "paying her way". Also I am told that a Durable Power of Attorney does not give me the right to make medical decisions either. What should my next step be. Many thanks for your help. Linda Tucker.
Optional Information: Country relating to Question: United States State (if USA): Georgia Already Tried: Getting a Durable Power of Attorney and reporting these facts to the Social Security Office.
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Question: I have a Durable Power of Attorney pertaining to matters concerning my mother. She now lives with me and my husband when she is not in hospital - she is suffering from Congestive Cardiac Failure. My sister has my mother's social security payments paid into her bank account and tells me she is taking care of my mother's bills, etc. but as she is living with me she doesn't have any. I went to my local social security office, showed them the Power of Attorney but after speaking with my sister, decided to take no action. I am paying for things like medications, Depends, etc. and as I am not a wealthy person, feel these things should be paid out of the social security payments. I am not looking to be paid for taking care of my mother but part of keeping my mother's dignity is to make her feel she is "paying her way".
Response 1: You should not be paying for your mother's living expenses out of your own pocket while your sister has her Social Security payments in her account and using the payments for herself. You should go back to the Social Security Administration (“SSA”) local office and apply to be Representative Payee for your mother. SSA does not recognize Durable Power of Attorney for Social Security payments. So, you must complete the application for Representative Payee and have the payments made to you instead of your sister. Frankly, your sister is too self-fish. How can she live with herself knowing that she is using your mother's Social Security benefits payments for her own benefits and while you are using your own money to take care of your mother? She would be in trouble with the SSA if you decide to file complaint against her for misuse of the funds. Here is more information on Representative Payee Program and how you can apply to be one: http://www.socialsecurity.gov/payee/
Also I am told that a Durable Power of Attorney does not give me the right to make medical decisions either. What should my next step be. Many thanks for your help.
Response 2: You need to get Health Care Proxy (Durable Power of Attorney for Healthcare) prepared for your mother and have her sign the document giving you power to make medical decisions for her in case she is unable to make the decisions for herself See Official Code of Georgia Title 31 Chapter 32:
http://law.justia.com/codes/georgia/2010/title-31/chapter-32/
Free Forms:
http://law.justia.com/codes/georgia/2010/title-31/chapter-32/31-32-4/
http://aging.dhs.georgia.gov/sites/aging.dhs.georgia.gov/files/imported/DHR-DAS/DHR-DAS_Publications/ELAP-%20GEORGIA%20ADVANCE%20DIRECTIVE%20FOR%20HEALTH%20CARE-2012.pdf
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Experience: Licensed in Massachusetts and New York