Legal Question in Credit and Debt Law in Washington

Direct Deposit from Labor & Industries Pension

My mother has dementia and forgets to pay her bills..

She gets social security and a L&I Pension direct deposited into her checking account. There hasn't been any judgements or writ of garnishment yet but I am now her POA and need to know if her creditors can take her social security direct deposit and her L&I direct deposit... thank you


Asked on 1/20/08, 1:52 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Direct Deposit from Labor & Industries Pension

You are your mother's attorney in fact as designated in her Durable Power of Attorney. You are not an attorney at law (unless you are) but you get to make decisions and deal with her creditors. The idea is to preserve her estate so she has money to pay for her care as long as she needs it. If you have siblings, you may have to account for the decisions you make regarding her money, so you'll want to keep really good records.

If there are no judgments, there is no way for creditors to access her bank account without giving you notice of a lawsuit.

Creditors cannot take disability payments. You could discuss this with an attorney, and possibly write to the creditors and explain what has happened with your mother. If they know they may just back off and go away.

Hope this helps. Elizabeth Powell

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Answered on 1/21/08, 11:39 am


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