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I served as my grandsons guardian from age 7 to 17 and I am…

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I served as my grandson's...
I served as my grandson's guardian from age 7 to 17 and I am served as a representative payee for my grandson for the last 39 months he was in my custody. Over that time I received 23.5k in total benefits(First in SSI payments then in Disability payments since his father(my son) was awarded disability during this period).

I am now being sued by my grandson for 25k compensatory and 25k punitive damages for misuse of funds. I kept poor records and I only have canceled checks to my grandson for a few hundred dollars and used the balance to run the household. Do I have to split all the utility bills between my grandson and myself? Is there a certain amount of money I can claim for the food I provided? Can I recover any expenses I incurred for the period of the guardianship before the benefit was paid?

Please help
Submitted: 8 years ago.Category: Legal
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Answered in 8 minutes by:
6/25/2010
Lawyer: MShore, Attorney replied 8 years ago
MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25,285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
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Thank you for the post, you can claim ordinary and usual expenses for the child's maintenance. Essentially the court will review the child's standard of living (i.e. school and extra curricular expenses, ordinary costs of food, mortgage/rent, etc.) and determine whether such expenses should have exceed the money you received.
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Customer reply replied 8 years ago
Relist: Answer quality.
Answer was too vauge, I am being asked to defend the expenditures, but I'm not sure what expenses are allowed and what time frame can be expensed.
Lawyer: MShore, Attorney replied 8 years ago
You mentioned that you do not have receipts to verify your expenses. Therefore, your expenses must be assumed based on the child's lifestyle at the time. For example, if you lived in a million dollar mansion and the child resided there, then there would be a greater allowance for lodging. On the other hand, if you live in a mobile home, but argue that the child's lodging was a few thousand dollars a month, that would be unreasonable. I assume there was never an accusation or investigation that the child was malnourished or unkempt, therefore you obviously spent some money on food and clothing. Additionally, if the child was involved in any extracurricular activities, you would be afforded a reasonable allotment for those expenses.
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Customer reply replied 8 years ago
Relist: Incomplete answer.
How about the time period for the expenses? I have tax and utility bills for many years back while my grandson was living with me. Can I claim expenses from the time period before he was collecting social security? Can ask for total reimbusement of the taxes and utilities or do they need to be split between us?
Lawyer: MShore, Attorney replied 8 years ago
The time line for expenses is the period that you acted as custodian/guardian of the child. You can claim the expenses incurred during the time he was collecting social security, and total reimbursement of the taxes.

When responding, you do not need to click "Relist" as I am no longer notified of your response which is why there has been such a delay in my response time.
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