Nestbound

If somebody has to step in

Power of attorney doesn’t cover Social Security

A family arranges power of attorney, puts it somewhere safe, and thinks the hard part is done. Then somebody rings Social Security and finds out it doesn’t count there.

This is a United States system, so what follows applies to American benefits.

None of it is about dying. It’s about the months when somebody is still here and can no longer manage their own affairs.

What it covers, and where it stops

Power of attorney lets somebody act for you. Most families arrange it first, and it does a great deal of work: the bank, the house, the paperwork.

Social Security is the exception. It won’t accept it. The rule comes from the Treasury: nobody may use an ordinary power of attorney to collect a payment the government sends out every month.

So the paperwork that works at the bank doesn’t work here.

Social Security picks somebody itself

When somebody can no longer manage their own benefits, Social Security appoints what it calls a representative payee. That person collects the money, spends it on the person it belongs to, and keeps a record of where it went.

Holding power of attorney doesn’t make you that person. You apply, the same as anybody else. They check who you are, ask about felony convictions, and interview you where they can.

It’s a second application, from the beginning, and it usually falls to somebody who was sure the power of attorney had covered it.

Your family doesn’t decide when this is needed

Social Security assumes an adult can manage their own money, and goes on assuming it until something tells them otherwise.

They decide whether somebody can no longer manage. Then they decide who takes over.

A daughter who has been paying her mother’s bills for a year gets no say in either, until she applies and they appoint her.

You can name your own choice, while you’re well

There’s a way to have a say, and hardly anybody uses it. If you get Social Security, or you’re applying for it, you can name the people you’d want, in the order you’d want them asked.

The same rule that gives you that choice takes it away later. You can’t make it once Social Security has been told you can no longer manage your own payments.

You can change your mind as often as you like. You can’t make the choice late.

What they ask you for

A name. A phone number. If you name more than one person, the order you want them asked in.

That’s all, and it’s the part families can’t find in a hurry. The name is easy. The number for a brother two states away, at four in the afternoon, with your mother in a hospital bed, is not.

Write the numbers down somewhere your family can find them, and this stays an afternoon at the kitchen table.

More on this

Sources

A name and a number, written down while nothing is wrong, is most of what any of this needs. Here is a finished binder, free to read: the example binder.