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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4816
Experience:  Experienced in both state and federal court.
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I have a 25 year old daughter who has autism. She has been

Customer Question

I have a 25 year old daughter who has autism. She has been in numerous hospitals (including state hospitals) and assisted living facilities since she was 15 years old. We currently live in the DFW area. Recently, she was placed in an assisted living facility and my wife signed some contract with the facility for an agreement to pay some amount monthly. Part of the amount comes from an SSI check that may daughter received from Social Security for her disability. She was at the facility for about 3 months and has 2 outbursts that resulted in her damaging property in the facility. Neither my wife or I are her legal guardian. My wife is the payee for her SSI check. The facility sent us a letter listing the damage that she did and said that we are reponsible for paying those damages. My question is this: are we responsible for our daughter's damages or should the money for the damages come out of her SSI check? Thanks, Robert
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

Hello. I'll be happy to assist you.

Does anyone have guardianship over her? From what you've said, it doesn't sound like she has the capacity to enter into a contract.

Customer: replied 1 year ago.
No, she does not have an appointed guardian
Customer: replied 1 year ago.
No, she doesn't have an appointed guardian
Expert:  Chris T., JD replied 1 year ago.

If you aren't her guardian, and you didn't agree to repay the facility for damages in the contract you signed, then you are not legally responsible for the damage she caused. It should come out of her SSI check. Still, you will want to check the contract very closely to make sure you didn't agree to repay them.