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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 36723
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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My niece is a minor and both of her parents are deceased.

Customer Question

Hello. My niece is a minor and both of her parents are deceased. The people who have had her for 7 years don't want her anymore. (she will be 16 in Nov). The people had her have given me "power of attorney" until I can become her legal guardian. Our hearing date is Nov 7th of this year. I have had her since July 21, 2016 and the aunt and uncle that had her are still collecting her social security benefits. Is this legal? I am set to be her legal guardian, along with my husband. It doesn't seem right that they are collecting her benefits and have not offered to send it to to my house where she resides now. Any recommendations?
Submitted: 1 year ago.
Category: Social Security
Customer: replied 1 year ago.
The people who had her "gave" me power of attorney…. (grammatical error, sorry)
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

The people are violating the law by continuing to receive the benefits when you are caring for the child if they are not using those benefits for the child. And I'll bet that the reason they no longer want the child is because the payment they receive each month for caring for her will not be paid to them after her 16th birthday.

You need to apply to social security now to be appointed as the girls Representative Payee. Here is the form that you need to fill out and submit to social security as soon as you can.

http://www.socialsecurity.gov/forms/ssa-11-bk.pdf

And here is pretty much all the information you might ever need about being a Representative Payee: http://www.ssa.gov/payee/faqrep.htm#&a0=3

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug