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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 29914
Experience:  29 years in civil, probate, real estate, elder law
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if a brand new representative payee accidentally transferred

Resolved Question:

if a brand new representative payee accidentally transferred some of the beneficiary funds (since the beneficiary did not have access to any cash through a checking or savings account), into their own account from an out of state account and dogeared the funds as the the beneficiary's (to be withdrawn shortly thereafter to pay bills) how can one go about showing the funds were dispersed and unmingled. This was truly an accident and 100% unintentional, and done out of naivety. The amount was less than $500. The beneficiary did not have an ATM card or checkbook with their out of state account.
Submitted: 11 months ago.
Category: Legal
Expert:  Ray replied 11 months ago.

Ray :

Hi and welcome to JA. I am Ray and will be the expert assisting you tonight.

Ray :

You need to document what the expenditures here were for.If you can show the transferred funds went for the person's expenses and benefit then there should be no question that this was an accident.There is no harm assuming you can locate copies of bills or otherwise have evidence of where the funds were expended.IF you do this I do not think anyone can argue that there was any self dealing.You may want get bank statement here with details of the payments and then line up some proof of what the funds were spent.

Ray :

And I agree with you that since this was a small amount there should not be as many questions and getting documentation will be easier.

Ray :

But it in your interest to gather records in case anyone asks to show the funds were legitimately spent for the person's benefit and not yours.

Ray :

If you do this you have evidence in the event you are challenged here.

Ray :

It was legitimately spent for the person's benefit and you can show that.

Ray :

I appreciate the chance to chat.Please let me know if you have more follow up.

Ray :

Here is information about social security and payee liability for your reference.

Ray :

Thanks again.

Customer:

Thank you for the information. I used the cash to pay a portion of a housing related bill that was due. I can show that this was paid in cash. The person is an SSI recipient.

Ray :

You should be fine as long as you can show where it went by receipt or other evidence if they raise questions.This is important for you so they don't seek repayment of funds.I agree you used them for a legitimate purpose here.

Ray :

Given the situation this was reasonable and for the person's benefit here.

Ray :

Thanks for letting me help you.If you can leave a positive rating when we are done it is always much appreciated.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29914
Experience: 29 years in civil, probate, real estate, elder law
Ray and 6 other Legal Specialists are ready to help you
Expert:  Ray replied 11 months ago.
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