Is it legal for my mother to have cashed my social security checks?

Asked over 1 year ago - Tampa, FL

I have been receiving social security checks since my father passed away in 2006. I turned 18 last year, and I discovered my mother had continued cashing these checks, which were written in my name, to her own account. I have never given her power of attorney. Is it legal for her to have cashed these checks? How does my age affect the answer?

Attorney answers (2)

  1. Lawrence John Gibney Jr.

    Contributor Level 14

    Answered . I am sorry to hear that you lost your father. Once he did pass away Social Security needed to appoint a guardian to handle your money since you were a minor. They typically designate the other parent. This money is designed to replace in part the contributions that your father would have made. No power of attorney is ever given.

    This information is provided as a public service to provide a general answer and should not be relied upon as... more
  2. David Andrew Mallen

    Contributor Level 14


    Lawyer agrees

    Answered . You need to check with a FL social security lawyer. It may be the case that your mother was supposed to deposit the money in a separate account for you until you reach adult age. For example, that is what would happen if you were injured in a car accident as a kid and you got money.

    Not sure if SS is different, but you should check. Many lawyers will give you a free consult.

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not... more

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