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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37078
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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My wife has alzheimers disease. Her ss check is deposited

Customer Question

My wife has alzheimers disease. Her ss check is deposited into her bank account. I am on the account as a check writer, but not on the name of the account. For estate planning purposes I need to change it to a different account. How do I do this? If necessary, I do have a power of attorney.
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good afternoon Ron,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Unless your wife is capable of adding you as an owner of the account, then it is not possible for you to do so as part of an estate planning strategy. You would have to apply to the probate court to become her legal Conservator to gain control over her account while she is living. After death, you would have to file a probate action to probate her estate and receive court permission to handle her financial affairs dealing with her bank funds.

Her bank may accept your POA and allow you to change the account. But if they will not accept it---and they are not under a legal obligation to accept it---then again, you would have to go through the court.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 1 year ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you were seeking, would you please now rate my service to you?

Thanks in advance,

Doug