Wow. i think maybe Calif is diffrent.. If they are married i think she can have access to the money.. i know it's in his name but being they are married i think it's not agenst the law. but that I do not know.. I hope not because I use my hubbys.. maybe someone could suggest that she pay bills first and then split the remainder with him so he will not be so down and out.. Maybe the bil who is an attorney can help with that.. hope all is well Love D

It may be different in the US...

In Canada it depends on the income source. My husband gets a disability pension from the federal government. That is entirely his income - not mine. He gets it because he is permanently disabled and unable to take gainful employment.

Then we also receive disability benefits from the province... but this is tied into our total household income level. It is based on how much he gets from his pension (he only has the gov't one, as he quit work and went back to university before he was diagnosed) and my income... which is not much right now. The amount we receive is intended to make up the difference between what the household needs, and what the total income amounts to. (Believe me, we ain't anywhere near poking our heads above the poverty line right now.) But these benefits are also primarily because of his disability. If I were no longer part of the household, I would not be covered by them.

The provincial benefits also cover things like prescriptions (depending on which ones) and very basic dental care for the family. They take into consideration additional costs of required diet and medical/care equipment, supplies, etc. (all with limitations, of course) ... and also of my special diet (gluten-free.)

So, from here, I guess the answer is... yes and no. I would say that the benefits must be used to cover necessities for the PWD first, and the family if they are unable to work enough due to care needs or other difficulties.

Under no circumstances can I see that it would be okay for a spouse or family member to use those funds to go off alone on a pleasure trip - unless, I guess, it's a respite thing and has been noted as such.

I have often wondered what can be done for a single person (or married?)with a disability who has no one reliable to look after finances with them.

Anybody out there know of legal or other resources (Canada or US) for folks in this situation?

P.S. I agree that the money not be used as or for a pleasure trip.. I don't know how much he gets but if they are living on only disability it can't be that much.. I know it's not enough to vacation with and run Two households.. love D

Hanna: Have you looked into the caregiver credit for income tax purposes? You might be entitled to that amount if you are caring for him.... I am from Canada as well.

Louise-

Thanks, I hadn't heard of it (and you'd think I would have by now!) He gets the disability exemption.... hmmm. Will look it up.

OK This is what I found on the government website.

http://www.ssa.gov/payee/faqrep.htm

It talks about how if the disabled person can not manage the money how they can have a representative payee do it. That person must account for everything. *and it says they do not recognize people with "power of attorney" as a payee. They have to apply to be a payee. It doesn't really say exactly the role of the spouse. But it sounds to me like they would have to apply to be the payee..?

I have never heard of this before. I'm sure it's something they wnat you to do, but not many people are aware of it. It's worth a read though, if you have a loved one on disability.

my daughter, mentally handicapped was on ssi since she was 14. then when my husband retired last year, they put her on social security. i get a form every year stating the amount she received and have to outline what i did with her money. i am her payee on the check. we are allowed to take out 100 dollars of it for housing because she lives her, and the rest is to be spent on her. all states are different though. there are some months that they decrease her monies, dont know why, but they do. then the next month, it will be back to normal again. so i am very careful as to what i do with her money, it is set aside and spent on her needs which are many in a month!!!

One thing you can do that is kind of nasty but it could help your brother in law is to report this to "Adult protective service" at least this if the agency in Arkansas. This agency makes home visits and it like the child abuse hotline. Your call is anonymous. They can not tell you the name of the person making the complaint. It has been done to me by people that would not help me any at all with my husband before I had to put him in the nursing home. It is a thought. If your brother-0in-law's wife is leaving him with no money and not paying bills they may have some options for you.

Funny how we have to account for everything when there is so much outright theft from "suppliers, service providers, etc...
Not to mention the govt. idiotic medical supply "rental policy" for durable medical equipment!

I had to go through all that to get my husband put on MEDICAID. Had to let them know about all my assets and they looked at 3 months worth of checking account statements. What really me the most angry was when I adopted a kid through world vision for $35 a month and was told this was a form of transferring money out of our accounts so I would get my husband on MEDICAID sooner and not have to pay the nursing home as much. I agree. We have to be accountable for everything but care providers get away with lots and lots.

I take care of my sister's. I am her court-appointed guardian. I have to file a report with Social Security ad the probate court each year with documentation on how the money is spent.

I keep a monthly Excel worksheet so I can easily submit the yearly reports.

I would be scared to death to spend the money on anything but her needs. I am surprised your SIL has been able to get by with this. You should report this so someone who has his best interest at heart can control this money

I forgot this my Mom was my Aunts guardian and trustee with poa.. Her husband was an alcoholic .. very bight a rocket engineer but could not handle money..Momhad to account for very penny at the end of the year just as scarlett said.. It always worried her sick.. she even wrote down bandages and ear drops.. Love D