Q: I am POA for my mother. My mother is now in a nursing home. I need to change her address with the bank to POA address?

A: As a Power of Attorney (POA) for your mother, you have the authority to manage financial transactions and make administrative changes on her behalf, including changing the address associated with her bank account. It is not necessary to be a joint owner on the account to perform these tasks; the POA document grants you the legal right to act in her stead for such matters. When approaching the bank to change the address, presenting the POA documentation should suffice to update the account details to reflect the new address where the debit card and any correspondence should be sent.

Regarding your concern about collections potentially garnishing your mother's Social Security benefits if you were added as a joint owner on her account, it's important to note that Social Security benefits are generally protected from garnishment by most creditors. However, the protection could become complicated if the account holds funds from other sources or if it's not clear that the funds are exclusively from Social Security. Keeping the account solely in your mother's name, with you acting as POA, helps maintain clarity that the funds are hers and are protected federal benefits.

To ensure the smooth management of your mother's finances without risking garnishment from your creditors, it's advisable to keep the banking arrangements as they are, using your POA authority rather than becoming a joint account holder. If you have any doubts or specific concerns about these arrangements, consulting with a legal professional or a financial advisor who understands the intricacies of elder law and POA responsibilities can provide peace of mind and clear guidance on managing your mother's affairs effectively and safely.