Legal Question in Social Security Law in Illinois
Social Security Income
I had to place my husband in a nursing home, I cannot care for him at home. I also cannot afford to pay for his care. My husband has Medicare and a supplemental insurance. My husband's son applied for Medicaid on his father's behalf. I do not know if this has been approved yet. My husband gets a Social Security check deposited into our bank. A week ago my husband's son had this changed and is now receiving his father's check. I am now unable to meet our financial responsibilities because of this. I take home about $20,000/yr working full time. There are no assets, no savings and no property. My question is, can my husband's son legally do this? And if not, how can I get this changed?
1 Answer from Attorneys
Re: Social Security Income
No, your husband's son cannot take the money and put it in his pocket. Then again, you probably cannot do so either.
The money is your husband's and goes to whatever he wants it to. If your husband is incapable of making those decisions, then he can have someone made a guardian over him. Generally you would have priority over his son if you both wanted the job. However, even if your husband's son is his guardian, that still does not allow him to take the social security money for himself.
If money is an issue for you, you should contact the social security office anonymously and explain the situation (without naming names). Once you are advised what your options are, you can decide whether to inform them formally (giving your husband's name and his son's name) or to work it out with the son directly.
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