Expert Advice When You Need It Most

Elder law NY state, freezing bank account for elderly

My grandmother owes 18,000 in credit card debt because of me. I am an authorized user. Everything has been fine for 10 years, but recently I've had a 2nd back surgery and have been out of work for almost a year. I cannot pay the monthly amount on this card. Grandma has a savings account where her social security gets direct deposited each month and she then takes it out and pays her bills such as rent, heat, food etc. Our lawyer said not to worry about it because they cannot freeze her money as it is social security and she draws it out each month to pay bills. Our question is this: We've heard that they can take a "savings" account but not a checking account. Is this true? She is 81 and set in her ways and does not want to switch it over to a checking account as she will have to give the new number to social security and she is afraid they will mess it up and she wont get her money for rent...Help me ease her mind please :-(

Save

Attorney answers (1)

Reputation Level 17
I am not licensed to practice law in your state.

Your attorney was right, social security funds cannot be frozen to collect on debts. It does not matter whether she uses a checking or savings account. However, your Grandmother would be best protected if you make sure that ONLY social security money goes into the account. Money from any other source turns the social security into "regular" money.

This information is given for educational purposes only. No attorney-client relationship exists between us.
2 people marked this answer as good

Other answers (1)

No photo

Carol

I am a NY Elder Lae attorney. Ms. Trevino's answer is just right in NY. I cannot stress how much NOT to co-mingle the Social Security into any other accounts (as Ms. Trevino said). Maybe you might want to be extra-safe-she should set up a NEW account and inform SS to deposit it there (or, better yet, ask for checks to be sent to her. Then deposit them into the new account and pay her bills from there (rent, co-pays for medical bills, insurance premiums for Social Security Medigap plans, etc.)

This answer does not create, infer, establish or suggest any client-attorney relationship. These are only established when clients have a consulataion (free) in my office in Suffolk County. Call (631) 848-1204 Wefightforyouli.com

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now