how can i file my wife social security she has dementia?
- STEVEN FLv 71 month ago
If SHE is not competent to do it herself, you need to have her declared legally incompetent and be named her guardian. Until that happens, without a Power of Attorney she granted when she was competent, you can't legally act on her behalf.
- JudithLv 71 month ago
You can't. An adult must file their own application or their court appointed legal guardian can file on their behalf. Social Security doesn't recognize power of attorney. So she either files the claim or you go to court to be appointed her legal guardian and then you file on her behalf as her rep payee.
The reason social security doesn't recognize power of attorney is because a mentally incompetent person can't appoint someone to be their power of attorney. As long as a person is mentally competent they must handle their own affairs with social security. An adult is assumed to be mentally competent unless a court has appointed a legal guardian.
Also someone who has power of attorney isn't accountable to social security as to how they use the beneficiary's social security benefits. That is why a mentally incompetent person must have a rep payee. The rep payee IS accountable to social security as to how they manage the benefits of someone else and they must file an accounting with social security once a year. It is to protect the beneficiary from someone misusing their SS and/or SSI benefits.
I was a social security claims rep for 32 yrs.
- Max HooplaLv 71 month ago
Your question doesn't really make sense. What are you trying to do?
- JudyLv 71 month ago
You'd need a court order giving you guardianship
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- SusieLv 71 month ago
You don’t have a power of attorney? If not, go to court to get a guardianship.