[WSBAPT] DFAS refusing to Accept POA

[Jenny]

Your client needs to apply for and become the DFAS “representative payee” for her husband.  Then, she will have the legal authority to designate the account to which the retirement pension is directly deposited.  Each federal agency that issues financial benefits [e.g., Social Security, Veteran’s Dept., Office of Personnel Management for civil service pensions, and the like] has similar requirements.  The existence of a durable power of attorney makes becoming the representative payee much easier, but a medical report and an application form are required, at a minimum.  Each agency has its own procedure and forms.  There is more information on the DFAS website at https://www.dfas.mil/retiredmilitary/survivors/Powers-of-Attorney-Third-Party-Reps-Annuitants.html  The sooner your client gets started with this, the sooner money will flow.  A guardianship is not manadatory.

 

Durable powers of attorney are creatures of state law, not federal law, so the federal agencies honor them only as directed statutorily to do so by Congress.  There is no single federal durable power of attorney that bypasses the representative payee requirements when the beneficiary is incapacitated.

 

Jenny Rydberg, JD

206-550-5491

 

From: Heather de Vrieze [mailto:heatherd at westseattlelaw.com] 
Sent: Tuesday, January 21, 2020 10:25 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] DFAS refusing to Accept POA

 

I have run into similar situations and ultimately sorted it out by getting the principal to give verbal permission, or, sign the appropriate forms. 

 

Heather

 

 

Heather S. de Vrieze
Attorney-at-Law



3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Saturday, January 18, 2020 9:37 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] DFAS refusing to Accept POA

 

Has anyone had any experience fighting with Defense Finance and Accounting Services about accepting a POA?

 

Client has 92 year old (demented) mother who receives her deceased husband's military pension.  Identify theft occurred and the Bank just did what banks do - close the account and open a new one. No problem! Now go call all the direct deposits and have them send money to the new account number. 


Call to DFAS - sorry, we won't accept a POA, you must go to Court and be appointed guardian for this incapacitated person. 

 

POA is durable. Legally and fully executed prior to incapacity.  

 

I have not seen any posts about this from here before so I am hoping someone may have a better way that moving forward with guardianship action. 

 

Thank you!

Brent

Brent Williams-Ruth 
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Office/Scheduling Phone: (425) 830-5134

Direct Mobile: (206) 889-7919

e-mail <mailto:Brent at Williams-RuthLaw.com>  / website <http://www.Williams-RuthLaw.com/>  /  <http://www.facebook.com/bwrconsults> facebook / 

As of July 1, 2019 - I began operating as the Law Offices of Brent Williams-Ruth a division of BWR Consulting, PLLC. Please note the new points of contact Brent at Williams-RuthLaw.com and www.Williams-RuthLaw.com 

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