Court Ordered Beneficiary Mental Capacity evaluated

What is the name of your state? California

In a thread (Rep Payee-Beneficiary Credit Card defaults) in Social Security Disability Issues Forum on this web site, I was asking how as the RP, I can go to court and have the beneficiary's mental capacity evaluated without cost.

The Beneficiary has been accumulating unpaid bills for her credit cards and I am reasonably sure at least 1 account has gone to collections. The patient has been diagnosed with a severe chronic mental illness but on medication she can take pretty good care of herself except for her finances hence why SSI has required her to have an RP.

She goes shopping and after 3 months of this activity, can't believe the credit card charges and refuses to pay them...

Thanks

dbmca said:

What is the name of your state? California

In a thread (Rep Payee-Beneficiary Credit Card defaults) in Social Security Disability Issues Forum on this web site, I was asking how as the RP, I can go to court and have the beneficiary's mental capacity evaluated without cost.

The Beneficiary has been accumulating unpaid bills for her credit cards and I am reasonably sure at least 1 account has gone to collections. The patient has been diagnosed with a severe chronic mental illness but on medication she can take pretty good care of herself except for her finances hence why SSI has required her to have an RP.

She goes shopping and after 3 months of this activity, can't believe the credit card charges and refuses to pay them...

Thanks

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Go to the probate division of the courthouse and ask the nice clerk for conservator papers. Fill them out. If you do not want to be the conservator, do not apply to do so. Also ask the clerk for a form to waive the costs.

If you do want to be conservator, who is automatically the Rep. Payee too, once appointed conservator, call the credit bureaus, send them a copy of your court order with instructions that no more credit is allowed to your ward.

Once the initial conservator report is filed with the court, the judge will determine whether or not fees will be paid or waived permanently depending on the assets of the incompetent.

APS is not a good way to go with this situation due to the fact that there is NOT an emergency and, from an excellent source in CA, IMO this situation would go no further with APS in CA other than a wellness check.

Thanks very much for your response.

dbmca said:

Thanks very much for your response.

Click to expand...

You're very welcome. Guess you know who was helpful with your problem and who needs to be reported.

yes. I'll do the right thing.