Can I handle elderly mom's Social Security without being representative payee? POA not recognized by SSA
I'm managing finances for my 93-year-old mother who's in assisted living. She receives Social Security and a VA Pension with Aid & Attendance. The bank recognizes my Power of Attorney (POA), so I can manage her accounts now, but I know SSA doesn't recognize POAs. I really don't want to become her representative payee if I can avoid it (seems like paperwork hell). My big concern is if/when she needs to move to skilled nursing care, her money will run out and she'll need Medicaid. At that point, her SS checks would go directly to the nursing facility. Will SSA even talk to me about her benefits without being her payee? What's the minimum I need to do to handle things with Social Security on her behalf? Also worried about the same issue with the VA - will they at least talk to me when she passes so I can stop her benefits? Any advice from those who've navigated this?
20 comments
Ali Anderson
You're right that SSA doesn't recognize POAs like banks do. Your mom needs to authorize you using SSA's specific forms. There are two main options: 1. Appointment of Representative (Form SSA-1696) - This lets you speak/act on her behalf with SSA without becoming a payee 2. Representative Payee - This is when you receive and manage her benefits directly The 1696 form is WAY easier and probably all you need right now. It doesn't give you control over the payments but does allow SSA to speak with you about her benefits and for you to help with paperwork. For when she passes, you'll need to notify SSA with her death certificate. They'll want the payment from the month of death returned.
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Sean Matthews
•Thank you! I had no idea about the 1696 form - that sounds EXACTLY like what I need. So with that form I could help manage any issues with her benefits but the payments would still go to her account? That seems perfect for now.
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Zadie Patel
OMG I went through this EXACT situation with my dad!!!! SSA was a nightmare to deal with. They wouldn't talk to me AT ALL even though I had POA. So frustrating!!! I finally had to drag my poor dad to the SS office in person (he could barely walk) just to get things sorted out. Such a broken system.
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Sean Matthews
•That's exactly what I'm trying to avoid! My mom can't really travel to an office at this point. Did you end up becoming the representative payee or did you find another solution?
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Zadie Patel
•I did become his rep payee but wish I'd known about that 1696 form the other person mentioned! The rep payee thing is a PAIN - you have to do this annual accounting form every year reporting how you spent every penny. Avoid it if you can!
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A Man D Mortal
Just to clarify something important - when your mother transitions to Medicaid for nursing home care, her Social Security benefits won't automatically go to the nursing home. What typically happens is: 1. Medicaid will calculate her "patient responsibility" amount 2. She'll be required to contribute most of her income (including SS) toward her care 3. She'll keep a small personal needs allowance (varies by state, usually $30-$70/month) However, the payments still come to her (or her representative payee), and then must be paid to the facility. Medicaid doesn't redirect the SS payment itself. This is why many families eventually need to become rep payees to manage this process.
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Sean Matthews
•Thanks for that clarification! That's actually helpful to know - I was under the impression Medicaid would automatically redirect her benefits. So it sounds like if she needs nursing home care with Medicaid, I might eventually need to become her representative payee after all to help manage that patient responsibility payment.
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Declan Ramirez
For the VA side of your question - the VA is actually similar to SSA in not recognizing standard POAs. You need to complete VA Form 21-22a "Appointment of Individual as Claimant's Representative" which lets you communicate with the VA about her benefits. When she passes, you'll need to notify both SSA and VA promptly (ideally within a few days) because payments received after death must be returned. Both agencies typically require a death certificate.
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Sean Matthews
•Thank you! I'll look into that VA form too. Seems like I need specific forms for each agency even though I already have the general POA. Appreciate the information about notifying them after death - I'll make sure to do that quickly.
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Emma Morales
Have you tried calling Social Security about this? I spent HOURS last week trying to get through to a human at SSA for my own benefits question. Always busy signals or disconnections. Then my neighbor told me about this service called Claimyr that got me through to a real person at SSA in under 5 minutes. Saved me so much frustration! You might want to check out their demo at https://youtu.be/Z-BRbJw3puU or go to claimyr.com. They basically get you past the hold times. Might be useful for getting specific answers about your mom's situation.
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Katherine Hunter
•Those SS phone lines are the WORST. I tried calling for 3 days straight last month!!!!
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Sean Matthews
•Thanks for the tip! I haven't tried calling yet but was dreading it based on stories I've heard. I'll check out that service if I can't get through on my own. I'd really like to understand my options before doing anything.
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Lucas Parker
just a heads up - if ur mom has demencia or similar you should prob just do the payee thing now. my mom has alzheimers and i waited too long, then there was a problem with her payment. ssa wouldnt talk to me AT ALL even tho she couldnt talk on phone. had to get her doctor to fill out forms saying she couldnt manage money. big mess, took 3 months to fix!
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Sean Matthews
•That's a good point. She doesn't have dementia yet, but she is frail and has some short-term memory issues. Maybe I should consider the representative payee route sooner rather than later, especially after hearing your experience. Definitely don't want to be in a crisis situation trying to sort this out.
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Ali Anderson
If you do decide to become a representative payee, be aware that: 1. You'll need to apply in person at an SSA office with your mom (though in some cases they can do telephone interviews if she can't travel) 2. You'll need to complete Form SSA-11 (Request to be Representative Payee) 3. SSA will evaluate if she needs a payee based on her capacity 4. You'll need to complete an annual Representative Payee Report accounting for how benefits were spent 5. You must keep her funds separate from yours (dedicated bank account) The payee arrangement is more work, but gives you much more authority to manage her benefits, especially important if her condition declines.
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Sean Matthews
•Thanks for breaking down the payee process. The annual reporting requirement sounds tedious but maybe necessary eventually. I think I'll start with the 1696 form for now since she's still mentally competent, but will consider the payee option if her condition changes or when we need to deal with Medicaid.
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Katherine Hunter
my sister works at a nursing home and says they deal with this all the time! they can actually help with the paperwork when someone goes on medicaid. they have social workers who know all the forms and stuff.
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Sean Matthews
•That's good to know! I'll definitely ask about that if/when we need to make that transition. Having someone experienced guide us through the process would be helpful.
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A Man D Mortal
One additional consideration - timing matters with Medicaid planning. When your mother transitions to nursing home care and applies for Medicaid, there's typically a 5-year lookback period for asset transfers. This means if you're managing her finances with the POA, be very careful about any gifts or transfers from her accounts, as these could delay Medicaid eligibility. Many families consult with an elder law attorney who specializes in Medicaid planning to navigate this complex process.
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Sean Matthews
•We've actually already consulted with an elder law attorney about the Medicaid issues. Her assets are minimal now, mostly just her monthly income going toward the assisted living. The attorney helped us with the POA but didn't mention these specific SSA forms, which is why I was confused about how to handle that aspect. Thanks for the reminder about the lookback period though - definitely important!
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