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Does My Payee Have the Right to Determine Where and How I Must Live

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  • 07-13-2013, 09:27 PM
    staceybrewer
    Does My Payee Have the Right to Determine Where and How I Must Live
    My question involves a person located in the state of: Missouri..
    My payee is my brother and he refused to let me buy a townhouse but instead tried to get me a one bedroom apartment. I have enough funds in my Cds, savings, money market, checking to buy the townhouse with plenty of money left over. My payee does not have any legal guardianship papers at all. Does my payee have the legal right to determine where and how I should live without considering what I want? I really can afford to live in a townhouse and it would be a lot nicer than.an apartment. I receive SSDI, Va monthly disability compensation, and I work part time as well. My payee has also borrowed money from me with my permission and he pays me back but I still think I'm being taken advantage of financially. What are my legal rights or options in choosing my own place to live?
  • 07-14-2013, 06:06 AM
    llworking
    Re: Can My Payee Have the Right to Determine Where and How I Must Live
    Quote:

    Quoting staceybrewer
    View Post
    My question involves a person located in the state of: Missouri..
    My payee is my brother and he refused to let me buy a townhouse but instead tried to get me a one bedroom apartment. I have enough funds in my Cds, savings, money market, checking to buy the townhouse with plenty of money left over. My payee does not have any legal guardianship papers at all. Does my payee have the legal right to determine where and how I should live without considering what I want? I really can afford to live in a townhouse and it would be a lot nicer than.an apartment. I receive SSDI, Va monthly disability compensation, and I work part time as well. My payee has also borrowed money from me with my permission and he pays me back but I still think I'm being taken advantage of financially. What are my legal rights or options in choosing my own place to live?

    Why do you need a rep payee? Do you have control of the rest of your assets? (cds, savings, money market, VA disability etc)
  • 07-14-2013, 06:16 AM
    adjusterjack
    Re: Can My Payee Have the Right to Determine Where and How I Must Live
    Stacey, a "payee" is somebody who gets paid, not somebody who pays.

    Is your brother a "payor"?

    If so, why and what's the arrangement and who's money is he using to pay for anything?

    As for your question, as long as you are in full control of your mental facilities and your brother does not have court ordered guardianship or conservatorship over you, then you are free to make your own decisions and spend your money on whatever you want.
  • 07-14-2013, 06:19 AM
    llworking
    Re: Can My Payee Have the Right to Determine Where and How I Must Live
    Quote:

    Quoting adjusterjack
    View Post
    Stacey, a "payee" is somebody who gets paid, not somebody who pays.

    Is your brother a "payor"?

    If so, why and what's the arrangement and who's money is he using to pay for anything?

    As for your question, as long as you are in full control of your mental facilities and your brother does not have court ordered guardianship or conservatorship over you, then you are free to make your own decisions and spend your money on whatever you want.

    Jack, he is saying that his brother is his rep payee for his SSDI (and possibly his VA disability).
  • 07-14-2013, 07:02 AM
    Lehk
    Re: Can My Payee Have the Right to Determine Where and How I Must Live
    Can you afford all of your expenses at the townhouse using only your social security?
  • 07-14-2013, 07:19 AM
    adjusterjack
    Re: Can My Payee Have the Right to Determine Where and How I Must Live
    Quote:

    Quoting llworking
    View Post
    Jack, he is saying that his brother is his rep payee for his SSDI (and possibly his VA disability).

    Oh, OK.

    The "why" of that arrangement might still be important in answering Stacey's question.
  • 07-14-2013, 07:21 AM
    llworking
    Re: Can My Payee Have the Right to Determine Where and How I Must Live
    Quote:

    Quoting adjusterjack
    View Post
    Oh, OK.

    The "why" of that arrangement might still be important in answering Stacey's question.

    I agree, the "why" is important.
  • 07-15-2013, 06:40 AM
    PandorasBox
    Re: Can My Payee Have the Right to Determine Where and How I Must Live
    I have one thought: As people age, they fail to plan ahead for the day their mobility becomes an issue. I would highly recommend a single-story home.
  • 07-15-2013, 06:45 AM
    adjusterjack
    Re: Can My Payee Have the Right to Determine Where and How I Must Live
    Quote:

    Quoting PandorasBox
    View Post
    I would highly recommend a single-story home.

    Me, too.

    Knees and floors creak when you go upstairs.:friendly_wink:
  • 07-15-2013, 08:24 PM
    staceybrewer
    Re: Can My Payee Have the Right to Determine Where and How I Must Live
    Op
    Quote:

    Quoting Lehk
    View Post
    Can you afford all of your expenses at the townhouse using only your social security?

    Yes, I receive 2816 va disability pension, 840 Ssdi, and 1000 a month working part time. It would be my ssdi plus my va pension.

    - - - Updated - - -

    Yes my brother is my rep payee for my ssdi, va pension, and my work income I have control over in my own bank account but my payee has control over my ssdi, va pension, and he's also a signer on my bank account as well as I am that my work income comes into.
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