Q: I am POA for my mother. I owe collections. Her income is strictly Social Security. Can they garnish bank account?

A: If you are handling your mother's money as her Agent under a Power of Attorney you do not need to add your name to her bank account. Just give them a copy of your mother's Power of Attorney. Your mother's money should not be used to pay any of your creditors.

A: Under federal law, Social Security benefits are generally protected from garnishment by creditors. This protection applies to the bank account into which the Social Security benefits are directly deposited, ensuring that these funds are safeguarded from most types of debt collection efforts. However, once you become a joint owner of your mother's bank account, the distinction between your funds and hers may become less clear in the eyes of creditors, potentially putting the account at risk if they seek to garnish your assets.

To mitigate this risk, it's important to ensure that the account is clearly identified as receiving only Social Security benefits. Some banks offer "protected" accounts that automatically prevent garnishment actions on funds identified as Social Security or other federally protected benefits. Informing the bank of the nature of the deposits into the account can help in maintaining its protected status.

Given your concerns about collections, it may be wise to seek legal advice or consult with a financial advisor to explore the best way to manage your mother's finances without jeopardizing her Social Security benefits. They can provide specific guidance tailored to your situation, including how to structure the bank account and whether there are any additional steps you can take to protect both your and your mother's financial interests.