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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19474
Experience:  B.A.; M.B.A.; J.D.
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Florida wife & Husband are separated, husband has dementia

Customer Question

Florida wife & Husband are separated, husband has dementia and is in a home. Ex wife has been collecting alamony in Pittsburgh untill husband stopped paying due to disability. Now collects social security which pays for home. Courts in Pitts want 300.00 our of his SS to pay ex which will remove him from the home and put him on streets. He is unable to speak to the court in Pitts coherently and no one has power of attorney. What should wife do?
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
300.00 per month out of SS
Expert:  Phillips Esq. replied 2 years ago.
Wife needs to file for Guardianship of the Husband and then file papers with the Court to get the alimony reduced—file Petition for Modification of Alimony. Or wife can try to find local legal aid services for pro bono assistance. Pursuant to Section 459 of Social Security Act (42 U.S.C. Section 659) and Section 1101 of Social Security Act (42 U.S.C. Section 1301), Social Security benefits can be garnished up to 50% for alimony and child support.
Customer: replied 2 years ago.
what is the difference between Guardianship and Power of Attorney?
Expert:  Phillips Esq. replied 2 years ago.
Guardianship is an appointment by the Court for someone to act on behalf of another person who is no longer able to act for himself or herself whereas a Power of Attorney is not a Court Order. It is the action of the Principal who selects someone to act for him or her. The Principal can still act for himself if the Power of Attorney is not a Springing Power of Attorney. A Springing Power of Attorney is a Power of Attorney that only becomes effective when the Principal is incapacitated and there is medical certification that he or she is infact incapacitated and can no longer act for himself or herself. Guardianship supersedes any Power of Attorney.