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I have a lady living with me she is mildly retarded she is

 
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  • Answered by:LawTalk
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Customer Question

I have a lady living with me she is mildly retarded she is 22 and moved in with me to get away from her parents. They did not use her SSI and SS checks on her they spended them on themselve. She does not have alot of clothes or nothing personal. They own a car that they brought and put in her name because there credit is shot and past due bills and bank account also that she has no say over but all in her name. not sure how to handle this

 

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Country relating to Question: United States

Submitted: 353 days and 23 hours ago.
Category: Social Security
Value: $40
Status: CLOSED

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Expert:  LawTalk replied353 days and 23 hours ago.

Good evening,

I'm sorry to hear of the situation.

You may apply to the social security administration to become the representative payee of your friend's social security benefit. You may also assist her in notifying SSI that she has relocated and no longer living with her parents and they should redirect her benefits to her new address.

Here is a form that you may use to apply to become her representative payee:

http://www.ssa.gov/online/ssa-11.pdf


Additionally, you might consider contacting the Social security administration and making a complaint that the parents are taking her benefits and not providing any of them for her support. The SSA will then look into that matter as well, and that will assist you in being appointed the payee.

You may reply back to me using the Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Please recognize that the rating system only gives me credit for working with you when you click one of the 3 stars/faces on the right (positive rating). Also, kindly rate me based solely on my service to you in understanding the law, and not based on whether my answer is what you were hoping to hear. I have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.

I wish you the best in 2012,

Doug

Expert TypeAttorney
Category: Social Security
Pos. Feedback: 97.2 %
Accepts: 817
Answered: 6/30/2012

Experience: I have more than 28 years of litigation experience, including representing clients before the U.S. Social Security Administration

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Customer replied353 days and 22 hours ago.

I already changed all of that stuff i was asking how to handle the stuff that is in her name that she had no say over

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Expert:  LawTalk replied353 days and 22 hours ago.

Good evening,

I'm sorry---but you failed to tell me any of that. Please, keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

If they bought the car and put it in her name---they committed fraud. She needs to report the fraud to both the police and the credit company. Additionally, she has no liability for something that she did not buy. It doesn't matter if the car is repossessed---because the creditor can not touch her SSI or her social security benefits.

If there is a bank account in her name---and the money is hers---then she may have a local attorney sue the parents for her to recover the money in the account.

Under the circumstances, you should consider applying to the court to be appointed her temporary legal guardian. That way you will have the legal right to assist her with all of these bad things that the parents are doing to her. In the alternative, if she is only mildly retarded, she will not need a guardian and you can just get her to an attorney to assist her.

Either way, it should not be difficult to deal with these problems.

I wish you well.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

Please recognize that the rating system only gives me credit for working with you when you click one of the 3 stars/faces on the right (positive rating). Would you please rate me highly now, based on my assistance to you in understanding the law.

I wish you the best in 2012,

Doug

 
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