Legal Question in Elder Law in Florida

My husband and I get monthly social security checks and a monthly income from his retirement account for life. Whoever dies first, the other spouse continues to receive it. My question is, if one of us has to go into a nursing home, will the other spouse still continue to receive the extra monthly income or does the nursing home take that also? We live in the state of Florida. We really need an answer on this.

Asked on 7/24/14, 8:34 am

1 Answer from Attorneys

A Representative Payee (legal document administered by the Social Security Administration) can be executed. You do not need an attorney for this. The form can be found at and then do a search. Be sure to read the instructions. The "extra income" as you put it, can only be used on behalf of the person receiving the benefit and used for certain expenses (in other words, you can't just take the money and purchase luxury items--doing so is considered fraud and is a felony).

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Answered on 7/24/14, 6:56 pm

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