Elder Law Answers
What Should I Do If the Bank Won't Honor My Power of Attorney?
My father and mother executed a co-durable power of attorney naming my brother and me as joint attorneys-in-fact. My fathe...
Read moreWhat If Social Security Won’t Honor My Mother’s Power of Attorney?
- March 25th, 2022
Q
I am an agent under a power of attorney for my mother, who has dementia. Social Security would not speak to me over the phone about establishing an online account because they didn't see me as the authorized representative payee. Is there anything I can do?
A
You are right; the Social Security Administration does not honor durable powers of attorney. Powers of attorney are created under state law and are not necessarily binding on federal agencies. A representative payee manages benefit payments for beneficiaries who are incapable of managing their Social Security payments. You need to contact your local Social Security office to apply to be a payee.
If you do become representative payee for your mother, her Social Security payments should not go into your account. You should open a separate account to receive her benefits that should be in her Social Security number, not yours. You may be able to continue to use her current account, but you will need to discuss this with the bank.