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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10220
Experience:  Civil litigation attorney for individuals and businesses.
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I am the agent (with authorized Power of Attorney) for my

Customer Question

I am the agent (with authorized Power of Attorney) for my special needs niece who is cared for by the County of Allegheny and State of PA. She receives Soc. Sec. income that covers her bills. Her mother is deceased - reason for P of A. The P of A allows "No gifting powers". Her sister is in financial need (poverty level). With my nieces written permission, can I provide a month stipend to her sister (~ $300/month).
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: ?
JA: What confuses you?
Customer: Pennsylvania. The Gifting clause in the P of A states "No gifting powers. My Agent shall have no power to make gifts of my property except to continue a pattern of charitable giving previously established by me."
JA: Has anything been filed or reported?
Customer: No - she always lived with her mother until she died. She is now 44 yares old, has a high school diploma, but in many ways functions as a 12 year old.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 30 days ago.
Category: Legal
Expert:  NYFamilyAttorney replied 30 days ago.

Hello. I’m a family lawyer, former trial lawyer and appellate attorney with 36 years’ experience and also have extensive experience with landlord-tenant issues and other legal issues. I look forward to helping you today.

At the end of our discussion I’m going to ask you to rate me, okay? I’d appreciate it because this is the only way we get credit for our time here today. It is at no extra cost to you.

Please note:This is general information for educational purposes and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. You are advised to retain your own attorney.

If I’m back not here right away, I’m typing my answer. Thanks!

Expert:  CalAttorney2 replied 28 days ago.

Dear Customer,

Thank you for using our forum. My name is***** am a different expert on the forum, your prior expert opted out (this sometimes happens).

I am sorry to learn of this situation.

No, you cannot gift money - either a one time gift or as a regular donation - to your niece's relative.

This is due both to the "no gifting" clause in the Power of Attorney, and due to the nature of the funds that she is receiving (she is almost certainly receiving SSDI as opposed to Social Security Assistance (SSA) benefits - these are designed to sustain an individual and their needs, and your niece likely has just enough to take care of her needs with this income.

Your other relative (the sister) may qualify for other public benefits to assist her (cash assistance, food stamps, housing assistance) to help her. But you cannot take the money that is designed to help your disabled niece and give it to her sister.