| HOW TO GET YOUR BENEFITS
AND PAY YOUR BILLS WHILE YOU ARE IN THE HOSPITAL
People who are sick often have a hard time picking up and cashing their checks,
paying their rent and other bills, and generally taking care of necessary business.
The simple way to deal with this problem is to have a friend or relative be your
"agent." This means the person can act for you. To do this, you can sign a paper
called a "power of attorney." This has nothing to do with attorneys. It lets the
friend or relative you choose cash your checks and pay your bills for you.
MAKING A "POWER OF ATTORNEY"
A power of attorney for money matters is a simple document that you must sign in
front of a notary public. This document allows the person you choose (your agent) to
take care of your business for you. The usual power of attorney form is a durable power
of attorney, which means that your agent can act for you even if you become unconscious
or "incompetent" (unable to make decisions for yourself) after you sign the power of
attorney form.
You can give your agent the power to:
- collect your public assistance, food stamps, Social Security checks or other benefits;
- use your bank account;
- cash and deposit checks made out to you;
- write checks from your checking account;
- defend or bring any legal actions for you; and
- collect your mail from the post office.
If the main thing you want your agent to do is use your bank account, you can get a joint
checking account with this person. However, this gives the person access to all of the money
in the account, and the person could use it for his or her own benefit.
Whom you can appoint
Be sure the person you appoint is someone you trust; you are giving that person important power
to handle your affairs.
You can appoint one or more agents. If you appoint more than one, you must decide whether
each one can act alone or whether they must act together. If you want them to act alone,
your document must state that each can act "severally" (separately), or else both agents will
have to carry out all acts together.
When your agent begins to act for you
Unless you say differently, your agent can act for you as soon as you sign the power of attorney
form. For example, you may want your agent to be able to act for you only after you go into the
hospital or become unable to handle your own financial matters. This requires a special form and
will probably make it harder for your agent to use the power of attorney to act in your behalf.
If possible, you should let the agent's powers start right away and have a separate understanding
between you and your agent that he or she will only begin to act for you if you become unable to
do things for yourself.
Having a "representative payee"
If you are not able to pick up or cash your benefits by yourself, both Social Security and welfare
allow you to have your benefits paid to someone else. That person must use the benefits for you.
Your checks or cash will then be issued in that person's name.
Let the Social Security or welfare offices know that you want this person to get your benefits
for you. You will have to sign a form agreeing to this. Your HASA caseworker, if you have one,
should help you with this.
Where to go for Power of Attorney forms
You can buy a pre-printed form at many stationery stores. Ask for a "Blumberg" durable power of
attorney form.
The law requires banks, government agencies and other institutions to let your agent do the
things you include in your durable power of attorney. However, many banks want you to fill out
their own forms. Although they are required by law to accept the standard form, it may be easier
to also sign your bank's form. If you have a bank account, check with your bank about this.
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