Everyone's incapacity plan should include, at a minimum, a Durable Power of Attorney, Health Care Power of Attorney and HIPAA Authorization. Sometimes, however, older adults have not properly planned for incapacity. In many cases, family members must go to Probate Court and file for a Conservatorship to handle the disabled adult's finances. However if the disabled adult only has income from Social Security or SSI checks, you should be able to avoid seeking a court-ordered Conservatorship by using the Social Security Administration (SSA) equivalent, called the representative payee. A representative payee, appointed by SSA after applying and providing medical documentation that the adult needs assistance in handling the check, will have the authority to cash the SSA/SSI check and use it for the adult's benefit. It's much easier, less time-consuming and less expensive than going to Probate Court.
