I would like to know how to get power of attorney for a relative?

Question

My relative is going out of town for five months, and he gets a social security check every month. The person he is staying with is using him and taking money. How do I get power of attorney, so that he can receive his checks in the state that he will be in for five months? Are there forms that I can get off the internet? Do I need to call social security when he leaves town and let them know what is going on?

Answer 1

Your relative needs to call SS and file a change of address.

If your relative wishes, he can grant anyone limited or full power of attorney (POA) for a limited or unlimited time (until canceled).
There are power of attorney forms you can get off of the Internet.

Depends on the state, but the only way to get involuntary power of attorney is to get them declared mentally incompetent. In that case, a guardian ad lit-um (temporary court appointed guardian) will probably be appointed who will evaluate the situation and report back to the court.

Who will end up being the guardian is up to the court.

It's expensive, $1200 for Illinois - for a voluntary and uncontested guardianship - and takes a couple of months at least.

Mental incompetence has to be proved - not just bad-decision-making. Retired people are allowed to be stupid too.

If you start it (the procedure), you will probably not be one of the top contenders and it is a very hard thing to undo.
Guardianship carries very strict responsibilities, so look before you leap.


OK. I went onto guardianship. Different topic, but if they won't give you voluntary POA, that's next if you think they need someone else.

Answer 2

First of all, have him switch to direct deposit, and have his check deposited in a bank with branches in the state he is going to. This will give him continued, easy access to his funds. Second, if you are concerned about someone taking advantage of him, and he is over 65, you can contact your local state dept of human services-adult protective services dept and they can check to make sure he is not being abused or taken advantage of.
You can get power of attorney for your relative only if he grants it to you, forms are easy to find online--look for free legal forms. You having power of attorney does not have anything to do with him getting his checks, however--go back to my first point, and make sure that the person you are not trusting is not able to access his bank account.
Also remember that power of attorney is only good until a new one is drafted; the other person could have him sign one the day after you get one, and yours is no longer in effect. If you have real concerns about your relative's ability to take care of himself, the best option is to seek legal guardianship, which requires court action and a doctor's opinion that he cannot make judgements on his own behalf.

Answer 3

Have your relative fill out a temporary change of address at the post office. They can send only mail with his name on it to his new address. Then he will get the checks himself. [Or do you mean that the person he is staying with in the other state is using him? In that case, you should be able to pick up his check and write "For deposit only" on the back and deposit it for him into his bank account. Check with the bank.]

If the person he is staying with were to cash or deposit one of his checks, that would be fraud. I think you better look into getting your relative out of that situation.

Answer 4

you need notarized power of attorney papers...your relative appointing you as POA, and over what. or...the two of you go into his bank, fill out a POA card and the both of you sign it. POA privileges are revoked either by the account owner in writing, or by the acct. owner's death.

Answer 5

Unless you have documented proof that your relative is not capable of handling the funds, I don't think there is much you can do. You can offer to be a payee for them, but that is voluntary. SSA won't step in.