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  1. #1
    Join Date
    Apr 2017
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    2

    Default Can the Social Security Administration Grant Guardianship Over an Adult

    My question involves civil rights in the State of: Texas.

    Ok, I'm in a pretty tight situation. Me & my girlfriend are both 19 but here mom is trying to control her life & force her to have a future she doesn't want. Just yesterday she has started trying to run me off for stupid little reasons calling me a loser & nobody. One thing is both me & my girlfriend have a disisabilty & receive SSI but our disisabilties don't render us a vegetable or child. Where both capable adults who are able to make decisions for ourselves. But her mom has lied to Social Security saying that she is incapable of counting money & thinks like a "13 or 14" year old which she clearly doesn't to become my girlfriend's payee. She has also said that "social security gave me the custody over her" even though she has not threatened the police for me interacting with her daughter. To also note both her mom & my girlfriend where not U.S citizens before last summer although my girlfriend has attended U.S Public Schools most of her life. Does Social Security really have the ability to grant a parent guardianship or is my girlfriend's mom blowing got air too scare us? Based off what I wrote, is there anything her mom can do legally, does she really have any legal control or is my girlfriend free to go?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can Social Security Give Adult Guardianship

    Quote Quoting MaskedMan
    View Post
    Does Social Security really have the ability to grant a parent guardianship
    No.

    Quote Quoting MaskedMan
    View Post
    is my girlfriend's mom blowing got air too scare us?
    Yes.

    Quote Quoting MaskedMan
    View Post
    Based off what I wrote, is there anything her mom can do legally, does she really have any legal control or is my girlfriend free to go?
    Your girlfriend is an adult.

    She is free to leave her mother's home and strike out on her own as long as her mother doesn't have "court ordered" guardianship. You can check that at the county court by checking for any cases under your girlfriend's name.

    She is also free to get a post office box and go to the SSA office with all her papers and get the payments sent directly to her.

  3. #3
    Join Date
    Apr 2017
    Posts
    2

    Default Re: Can Social Security Give Adult Guardianship

    I see. Do I have to check in the county court she is in or can I check at any county court in the state of Texas? Also, is it possible to call the county court or do I have to appear in person?

  4. #4
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Can Social Security Give Adult Guardianship

    If your girlfriends mother is her payee, your girlfriend can ask her doctor to write a letter stating she she manage her finances. SSA may or may not make her her own payee. It may not be in your girlfriends best interest for her to be her own payee. If it is not, SSA does not have to do it. If SSA decides to make her payee and she does not have a bank account for direct deposit, she can use the Direct Express card.

    If she is receiving $735 a month in SSI, she will have to have receipts proving she is paying her share of the living expenses in order to not have her benefits reduced by one third. Or if she is living in someone elses home a signed agreement stating she owes them for her share of the living expenses and will pay them when she receives her monthly benefits. It usually takes a month or two for SSA to change a payee and for the check to come to the new payee. She will also need to apply for food stamps in her name.

    Unless your girlfriend's mother has been to court and has court documents stating she has legal authority over her, she does not have it. I agree she is trying to scare both of you. But, Mom may be doing what is best for her daughter.

    Do you have a Representative Payee ? Do you have a place of your own and pay your own bills ? If you do, how long have you been doing this ?

  5. #5

    Default Re: Can the Social Security Administration Grant Guardianship Over an Adult

    My payee is a nightmare so I feel for you. In the 6 months they've been my payee, I've had 4 ssi/ssdi payments returned to start do to the account it goes into being changed and it not updated, gone 6 weeks at a time with no money issued to me for anything including food. My rent has been late by more than 30 days 3 times. I routinely only can afford to eat 3 times a week and purchase other nessesities like tp, body wash, dish soap, do my laundry. The week my cats need food and litter I don't eat at all. And there's no reason for it when I have 453 left after my rent is paid and 412 after he takes his money that I was never informed about him taking or agreed to paying. I've spoken to him 3 times in the past 6 months. I no longer have a phone because " I don't need a smartphone if I'm on a ssi and get foodstamps. The last time my ssi payment was returned to ssa, was 3 months ago abd it's still suspended because it was returned, they still haven't called ssa to give them a corrected bank account and have it started back up which means I only get 535 a month. Which means I'm starving because they won't send the foodstamp office anything the request, or return or answer their calls. So yeah most people think I'm dying when they see me now because I weigh like 96lbs. I have very little meat left. My body is eating it's muscles because there's not enough fat or calories. I'm wondering if something will finally be done when I get admitted to the hospital in organ failure do to starvation, and or just starvation or when I die from starvation will they be held accountable. I doubt it. Getting up to go to the bathroom and back takes so much energy I'll sleep for 3 hrs after. I have no energy for anything. I don't even feel hungry anymore if my neighbors have food in front of me I have to excuse myself before the notice I'm debating in my head how hard it would be and how much trouble I'd get it in if I robbed them for what they are eating. I will sneak and go through my neighbors garbage and eat what hasn't gotten too contaminated from being in a dumpster or started to rot... that's how bad it is, and ssa doesnot seem to care. I guess food isn't really a nessecity and apparently 16$a month in food stamps is supposed to feed me 3 times a day 31 days a month without that diet killing me

  6. #6
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Can the Social Security Administration Grant Guardianship Over an Adult

    sugarbear0143, Do you have other income ? Or am I misunderstanding ? You said " I only get 535 a month."

    Food stamps are not suppose to feed you for an entire month. You are to spend 30% of your adjusted income on food.

    You need to go into your local SSA Office and talk to them about changing your Representative Payee. You can have an organization be your Representative Payee for a small monthly fee. Or you can talk to your doctor and see if he will write a letter stating you can manage your finances.

  7. #7
    Join Date
    Jun 2011
    Posts
    157

    Default Re: Can the Social Security Administration Grant Guardianship Over an Adult

    Sugarbear, if you're only getting $16 a month in food stamps it's likely because you're not paying for a heating or cooling cost in addition to your rent.

    Do you pay a gas or electric bill or have a monthly charge added to your rent for it?

    What does the food stamp office need from you that the rep payee hasn't sent?

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