Legal Question in Social Security Law in New York
Payments To Legal Guardian When Power of Attorney Deceased
When my sister died, I was awarded custody of her child. Notwithstanding, Social Security payments were made to my mother who was named as my sister's power of attorney. My mother consequently opened a joint bank account to allow me to transfer the payments from the account. I transfer all social security payments made to the account (in my mother's name) to my personal account insofar as I am the child's legal guardian and the child lives, and has lived, with me.
My mother passed away last year. Social security payments continued to be issued to the joint account and I continued to transfer the money to my account. My father forwarded me documentation which asks my mother to provide cerain information on how the social security payments are used. While I use the entire payment for my child, I obviously cannot sign my mother's name. I am also hesitatant to contact Social Security because I do not know if they will question me for transferring prior payments to my account or failing to timely notify Social Security of my mom's death. Althugh I am the child's legal guardian, I am concerned that I will face criminal charges, not receive future payments or otherwise be responsible for past payments. Any advice? Thank You.
1 Answer from Attorneys
Re: Payments To Legal Guardian When Power of Attorney Deceased
You very well may be overanalyzing the situation. The child is the one intended to receive the payments after the mothers death. You should have contacted them immediately to let them know.
I would assume you've had other reasons as to why you didnt contact the Socil Security Administration earlier on.
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