how can i file my wife social security she has dementia?

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  • 1 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.

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  • Judith
    Lv 7
    1 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.

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    • STEVEN F
      Lv 7
      1 month agoReport

      You keep claiming qualifications, but consistently make statements that are EASILY proven false. I actually don't believe you were fired. That would require believing you ever had the job.

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  • 1 month ago

    Your question doesn't really make sense.  What are you trying to do?

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  • Judy
    Lv 7
    1 month ago

    You'd need a court order giving you guardianship

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  • Susie
    Lv 7
    1 month ago

    You don’t have a power of attorney? If not, go to court to get a guardianship. 

    • Judith
      Lv 7
      1 month agoReport

      Social Security doesn't recognize power of attorney.

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