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Conservatorship for elderly demented mother?
My mother-in-law is demented, ten years now. She is in a nursing home and is on hospice, but really has no overriding medical problems (no high blood pressure, no heart disease that is documented, no diabetes). She is 85 years old.
We just moved her from Canada (she is dual citizen) to the USA. She was hospitalized briefly for urinary tract infection. Until then, we had been paying all her bills in the nursing home. Apparently, the hospital visit triggered application for Social Security, Medicare, etc.
Several months thereafter, we got a call from the nursing home, her bills had been paid retroactively, and we had a sizable check waiting for us, paying us back for most of what we had paid to the nursing home.
Recently, we received a check from the Social Security Administration. It is for quite a bit of money, it is in her name. She has no checking account. My husband checked with an elder law atty and since she is demented, she can't give power of atty for financial matters to anyone. The attorney basically told my husband he can't do anything until his mom dies, intestate, and wait for the probate courts.
She may not die soon, she is still pretty feisty and witty.
He is the only child. Her husband is long dead (20 years) and her eldest son is dead. The check is good for one year.
Does anyone know of laws (Texas) regarding how to deposit that in her name? We don't need the money, but don't want it to be lost. Can we apply to have someone at the state be her conservator and deposit that money in her name?
Any thoughts on this would be welcome.
Thanks in advance.
3 Answers
- daddyrxLv 71 decade agoFavorite Answer
You may get better responses if you repost this in the Law & Ethics forum or in one of the Business & Finance forums.
- SweetnLv 41 decade ago
Did you try just taking the check to her bank and depositing it? Maybe even just deposit it into an ATM so they don't know it wasn't her making the deposit. Most banks are more lenient on deposits than with drawls. If the check is clearly hers and you explain that she cannot come and deposit it, what's the harm.
If you can at least deposit the check into her account, the money won't be lost, then when she passes away you can get access to the account via, death certificate to cover her burial or whatever.
Source(s): Medicaid Aging Counselor