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  1. #1
    Join Date
    Dec 2011
    Posts
    1

    Default Representative Payee Under Investigation

    My question involves criminal law for the state of: California. Hello, my little brother is diagnosed with physic issues and he is given money every month called SSI. First was my dad then my aunt the. My sister took it over. And now my moms lawyer just took over the payee position away from my sister and now is investegating her. My mom is a drug addict and so is my brother. This lawyer is not a good guy either. Is there anything we can do to protect ourselves. We have kept records and and receipts of pretty much all the purchases that we have made for him...please help thanks john... Is there any thing that we. An do to have him investigated?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Representative Payee Under Investigation

    You should start by finding your receipts, or otherwise documenting that you did not misappropriate funds, as it seems that's what the investigation is about.

    If you want to know more about the lawyer, try typing his name into your favorite search engine and seeing what comes up. Nobody is going to "investigate" him for asking your sister to document that she hasn't misappropriated funds.

  3. #3
    Join Date
    Jan 2009
    Location
    California
    Posts
    1,045

    Default Re: Representative Payee Under Investigation

    What does your brother think? Is he complaining? Why did your brother want to get rid of his father, his brother, and his sister? Did he accuse the three of you of misuse, whether or not it was true? Did he not like the control you had over his money? Is the new payee acting as a conduit and just handing the money over to your brother? Do you have evidence of that?

    Your brother must have agreed with the payee change. Usually, the payee applicant and the recipient show up at the SS office at the same time. SSA does consider the recipient's wishes, as long as they are reasonable. If you think the new payee is a fraud, you should provide evidence to SSA.

    Sometimes, well-meaning and caring family members can't stop a mentally ill person from making bad decisions or saving him from the consequences of those decisions. Sometimes the lack of evidence makes it impossible for SSA to tell the difference between the good payee and the bad payee. When that happens, when a mentally ill person has alienated everyone who cares about him, and who is doing the 'right' thing, the only payee left is a bonded payee agency, that manages his money as a business and charges a small fee.

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