Some Things You Should Know and Take Note Of.
Posted: Thursday, May 21, 2009
by straight talk
I write this for anyone taking care of someone, in my case an elderly person. In many cases once people get a Power of Attorney or a Health Care Surrogate signed they feel comfortable that they can conduct business on behalf of their loved one. Well lets get that understood right away, the answer is maybe, perhaps, possibly, it depends. Think about that before you read further.
As for Social security you also need a special paper which must be done at the office which give you rights to take care of that persons account. Yes, our government does not recognize a legal document filed and noted that grants you POA. Yet why should we not understand that our governments at any level do not work efficiently. Yes all under what is in my opinion the guise of protecting the individual.
You should also understand that while your loved ones Social Security benefits are not touchable while with Social Security [key] under current law and I do mean current law, think about that, if there is debt involved and lets say in that same institution the funds are deposited in, they can go in and take what they want, period. You see once deposited it is no longer Social Security it is just another deposit. So if rent is due or other necessary payments you may find your out of luck when you go to wrote a check, no funds available.
My suggestion get the check mailed so you can handle it or open another account in a different institution so you can administer it. Also, remember these collectors have no mercy when it comes to money. You will be harassed night and day. If your loved ones dies in debt they will harass you to pay. If there is an interest in a home or something else they will try to collect even though the person is dead. Mercy and compassion is not an attribute when money is involved. Now I understand in many instances this debt is insured by the lender for this type of contingency. I said most yet they will some will try to double dip. Isn't that strange, I think not and what happens if you do?
Yes and if you believe or think you are protected, have rights and recourse well go ahead and think that. Everyone of us must be prepared to go and if not prepared the person who dies does not have the worries you do and will. The the law is what it is and they will apply it.
So, while this applies to everyone, I urge you older types like me to get this all put to bed now for the sake of your family and loved ones. Hey it is all about choice, oh and yes, don't think because someone has a lawyer that they are versed on all the laws. If possible make sure they specialize in elderly care or your area of need.
Finally, you should always consult because the law is different everywhere. Just come prepared to ask all the what if question's so you will know. I hope this article helps you in that endeavor. That just is not so. If it was I wouldn't't have been writing this because it is what I have and are undergoing the experience.
I also write att http://realconsiderations.blogspot.com/
Robert T. Melaccio Sr. 2009 Copyright 2009 Robert Melaccio Sr
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Top-level comments on this article: (1 total)Very informative article. My husband and I went to an attorney when we moved here just to make sure all our paperwork is in order. Thanks for the info on SS and thanks for sharing.Please log in to respond to this comment.Thanks, so much, I am glad it may have helped. There is so much we all do not know and that is why it is important to share. Blessings, RobertPlease log in to respond to this comment.
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