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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13266
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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I have a severely handicapped neice. She is my sister's daughter.

Customer Question

I have a severely handicapped neice. She is my sister's daughter. My sister passed several years ago. My mother is her care giver. My neice's name is***** is 38 years old. She doesn't walk on her own or talk. My question is, my mother handles Christian's bank account. She is the only one who can do this. My mother is 83. At her age anything could happen or change. What do we do to make sure we can get access to Christian's account should something happen to my mother
Submitted: 6 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 6 months ago.
Hi, my name is***** and I am here to assist you. I am a social security attorney in my private practice – that is ALL I do. Please let me know that my post here is coming through for you by typing a quick reply.
Expert:  Stephanie O Joy, Esq replied 6 months ago.
OK, now Social Security does not get involved in banking laws or estate laws. So this is actually unrelated, but you may want to get your niece to add you as a signature on her bank account so that you can later write checks to pay her bills should you become her guardian at that time. That said, there are some steps to be aware of with regard to SSA. I assume your niece is getting SSI (federal welfare) OR, possibly DAC (Disabled Adult Child) benefits from Social Security based on a disabled/retired/deceased parents' work record. Assuming that is the case, she likely has a Representative Payee who the SSA sends your niece's money to, and whose obligations is to use it for the beneficiary or save what isn't needed for her needs. This is likely your mother. If your mother were to become unwilling or unable to do this any longer, and you wish to take over, you do that through the SSA. It is generally the person that lives with her that sees to her day to day needs that gets appointed if she is willing. You'd arrange a whole new bank account dedicated for these funds (not your own account) but you'd be in charge of them to make sure they are properly spent/saved/accounted for. Any bank account that is Christian's, may be handled by simply becoming signatore on same - but remember that will be entirely different than the account the SSA moneys will go into.
Expert:  Stephanie O Joy, Esq replied 6 months ago.
I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it. Sincerely, ***** ***** Joy, Esq.Your online SS legal resource!

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