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  1. #1
    Join Date
    Jan 2019
    Posts
    1

    Default Rental Agreement for SSI when Recipient Doesn't Have Mental Capacity to Contract

    I am located here in California and have been caring for a friend of 40 years who was diagnosed with a mental illness 10 years ago . He lives with me and receives SSI and SSDI , pays for all his living expenses . I've been his Representative Payee for 10 years . It looks like it might be a good move to create a rental agreement , but I am wondering how this could be done if he doesn't have mental capacity to enter a contract . This must happen fairly often , and it seems there should be a somewhat easy solution . The only thing I found so far was from the state of Hawaii , where a Declaration is made by the person renting attesting to all the facts of the rental , on behalf of the recipient . Also found an attorney from another state saying it was necessary to go to court and become the legal guardian before you could do something like that . I know that in the eyes of the SSA a Representative Payee is considered a legal guardian , so maybe they accept a something like this ? Also , are there no agencies that can inform or assist in these questions ? Thanks in advance !

  2. #2
    Join Date
    Mar 2013
    Posts
    16,670

    Default Re: Rental Agreement for SSI when Recipient Doesn't Have Mental Capacity to Contract

    This is not a landlord-tenant relationship so I suggest you forget about a rental agreement. The relationship has worked for many years so let it be.

    Unless there is something going on that you haven't revealed.

  3. #3
    Join Date
    Jan 2009
    Location
    California
    Posts
    1,031

    Default Re: Rental Agreement for SSI when Recipient Doesn't Have Mental Capacity to Contract

    What purpose would this rental agreement serve? SSI would not require it.

    A Rep Payee is not a legal guardian in the eyes of SSA. Being appointed rep payee means you get to make decisions about spending SSI and SSDI, you cannot make any other decisions.

    Being name legal guardian requires a court order and proof of mental incompetence, a higher standard than mental illness. It requires the court to legally determine that he does not have the mental ability to enter into a contract. It is not simple.

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