is there any way my disable husband can give me the right to manage his finances?
my husband is schizophrenic and is very irresponsible with finances, with his obligations and sometimes doesn't pay the rent, instead the spend it on women in exchange for sexual favors, he receives ssd, and my question is: is there any way that social security can give me the rights to manage the money that he receives monthly so that only me would have access to touch that money? is there any power that my husband have to sign giving me the right to manage his ssd money? can social security deposit his monthly benefits to my account instead of his?
- elysialawLv 67 years agoFavorite Answer
If your husband is 'generally' mentally competent (aware of his circumstances and what he would be signing) and he is in agreement, you could attend at a lawyer's office to have him give you Power of Attorney, which would basically give you power to do anything he was able to do himself.
If he is not mentally competent, you would need to apply to the Public Trustee to be appointed Committee of his affairs.
If you think your husband is mentally competent to sign a Power of Attorney at this time and his mental health is deteriorating I would highly suggest that you get to a lawyers as soon as possible. Once he is not mentally capable of consenting the process of Committeeship is much lengthier and expensive.
- 7 years ago
I don't know what the process is over here but maybe you could register as his carer. He's obviously not spending his money wisely and what he is doing is very difficult on you. Give the SSD line a call and tell them about the situation. Maybe more intervention is needed in your Husband's case. I commend you for sticking by him, many women would have up and left and I wouldn't blame them. You must be a gem of a wife for still caring. My hubby has ADHD and mild brain damage and I'm his registered carer, whilst he's nowhere near as extreme I do have to micro manage a lot of his life. Love makes it all worth it, though.
- DustbindivaLv 77 years ago
I hope they cannot deposit the money to you instead. Suppose you decide to divorce him and keep all the money. What you can do is have a joint bank account so you can also use it. If you can prove he is mentally incompetent you can be his guardian. If you got him to sign a Power of Attorney, he might later realize he was cheated, and cause a lot of trouble and if he is not competent he cannot assign it to you. You should go to court and get guardianship.
Why dont you pay the rent yourself with your own salary?
- wendy cLv 77 years ago
As married, you both have authority to income, as long as it is agreed. If you believe and have evidence that his authority should be STOPPED, you should apply for guardianship which would allow you to change where the money is deposited.
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- 7 years ago
If you can get his Mental Health counselor to write a letter to SSA, then you can likely get designated as his Rep Payee. If its more involved, then you may need to go before a judge to get guardianship.
- 7 years ago
hopefully you're not planning to do this if it isn't also your husbands every intention. The worst you could possibly do is take away his independence, especially if he's psychologically vulnerable.
- WRGLv 77 years ago
Yes he can have himself declared incompetent and have you named as his guardian.
- TalktoJimmieLv 67 years ago
You can and should get power of attorney.
- FatGuyLv 67 years ago
he already has. its called a marriage license.