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Power of Attorney Doesn’t Extend to Social Security - ElderLawAnswers

An issue frequently brought to our Social Security Advisors here at the AMAC Foundation is from someone, usually an adult child, who has power of attorney over an aging parent’s financial affairs but who has encountered difficulties dealing with the Social Security Administration on their parent’s behalf. As inconsistent as it may sound, a legal power of attorney does not extend to Social Security benefits, because Social Security rules dictate that one must be formally appointed as a Representative Payee for the beneficiary. A power of attorney issued by the beneficiary’s state of residence does not replace Social Security’s requirement that a person be designated and approved by Social Security as Representative Payee, a legal point explained in this ElderLawAnswers column. Click here to read more.

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