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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 19636
Experience:  B.A.; M.B.A.; J.D.
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I am the payee over my sister's SSI disability case. She had

Customer Question

I am the payee over my sister's SSI disability case. She had a stroke in October 2014 and was hemiplegic for over one year. Her Bins Scobie level is a 12 according to a letter from the nursing home, which leaves her in a confused state. Now that she's starting to progress, her boyfriend suddenly started showing up and tried removing her from the nursing home. They were never married and were both homeless and living in an area called the Bluff in West Atlanta.I have met with the boyfriend and asked him to give her a chance to recover but he continued visiting even more asking her for her SSI money. Eventhough I've tried informing the nursing home that he would be a negative influence in her recovery they continued to allow him to visit my sister claiming they cant stop anyone from visiting their patients. The nursing home informed me last week that they were doing a MOCK WEDDING in which I told them the family is totally against especially due to her mental capacity and needed to make sure that both my sister and her friend are clear that they understand that it is only a MOCK WEDDING AND THEY HAD THEM BOTH SIGN A LETTER TO THAT EFFECT, especially since it could also affect her benefits from SSI. The MOCK WEDDING was performed on this past Tuesday and now the nursing home is saying that it was actually a real wedding performed not a mock. And there is nothing that I nor her family could do about it. what could I do?? I am Sooo upset!
Submitted: 1 year ago.
Category: Estate Law
Expert:  Phillips Esq. replied 1 year ago.

You need to file complaint against the nursing home with the agency that regulates nursing home in Atlanta. You have a right as a sister to give the nursing home directive and the nursing home was supposed to honor. The nursing home should not have let the boyfriend/husband visit her over your objections. Click on the link below for complaint information:

To file a complaint about a licensed health care facility or service provider, please call 1-***-***-****. Please leave your contact information for a return call from our staff. You may also fax your complaint to(###) ###-####

If you are your sister's Health Care Agent and Power of Attorney, you can file Petition with the Court in the county where the nursing home is located to have the marriage annulled due to mental incapacity to consent to the marriage. You can obtain annulment forms at the Courthouse in the Clerk's office or download one online:

The husband/boyfriend probably wants the Social Security check. As you know, the checks WILL NOT come to him unless your sister consents to removing you as her Representative Payee. You should not allow her to do that for her own good.

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