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  1. #1
    bace2005 is offline Junior Member
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    SSI payee change...need advice or legal help

    What is the name of your state (only U.S. law)? Kansas

    My brother in-law was declared mentally incompantent a couple years ago. My husband is his DPOA and legal guardian and I was appointed his payee for his SSI. My question is this....their mother is wanting control of his SSI for her own personal gain and uses the fact that my brother in-law is an alcoholic and drug user. She has taken him to social security to have him sign over his payee to her. Is there any way we can stop this from happening. We do not want to see him loose everything he has due to his addictions and very possibly his life. Of course, my brother in-law is all for his mother being his SSI payee because she gives him cash and allows the drinking. What can we do to stop this? Or to protect him? PLEASE HELP!
  2. #2
    BL
    BL is offline Senior Member
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    Quote Originally Posted by bace2005 View Post
    What is the name of your state (only U.S. law)? Kansas

    My brother in-law was declared mentally incompantent a couple years ago. My husband is his DPOA and legal guardian and I was appointed his payee for his SSI. My question is this....their mother is wanting control of his SSI for her own personal gain and uses the fact that my brother in-law is an alcoholic and drug user. She has taken him to social security to have him sign over his payee to her. Is there any way we can stop this from happening. We do not want to see him loose everything he has due to his addictions and very possibly his life. Of course, my brother in-law is all for his mother being his SSI payee because she gives him cash and allows the drinking. What can we do to stop this? Or to protect him? PLEASE HELP!
    SSA will investigate the reasons why the recipient wants a change in payee and make a determination .

    If you have not received a letter relieving you of your payee duties ,you can contact SSA yourself and let them know of your concerns.

    You have been giving the recipient spending money haven't you ?

    As in miscellaneous.
  3. #3
    bace2005 is offline Junior Member
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    His money goes onto one of those pre-paid debit cards that is now provided by SSD. I was giving him spending money until finding out the entire amount was being spent on booze. After that when he wanted something we would take him to go get the items, which was SSD suggested as an alternative. This is becoming a huge drawn out fight among the entire family. Is it possible to have SSD designate someone outside the family to be his payee? Our main concern is the alcoholism & drug use & that has already started taking/showing signs on his health. Massive decline.
  4. #4
    BL
    BL is offline Senior Member
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    Quote Originally Posted by bace2005 View Post
    His money goes onto one of those pre-paid debit cards that is now provided by SSD. I was giving him spending money until finding out the entire amount was being spent on booze. After that when he wanted something we would take him to go get the items, which was SSD suggested as an alternative. This is becoming a huge drawn out fight among the entire family. Is it possible to have SSD designate someone outside the family to be his payee? Our main concern is the alcoholism & drug use & that has already started taking/showing signs on his health. Massive decline.
    It sounds like the SSA worker is already aware and has provided you an alternative .

    Contact SSA an voice your concerns and reiterate they gave you an alternative so his health wouldn't decline .

    How is it his health is still declining ? Does he get the booze and drugs elsewhere ?

    There are agencies that serve as Rep. payee but often they will give the recipient a weekly allowance.

    There really is so many recipients both SSI and SSDI ,etc . that spend most or all of their benefits on Drugs ,alcohol,cigarettes,etc.
  5. #5
    OHRoadwarrior is offline Senior Member
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    You have a conflict of interest if you think your goal as Payee, is to make life choices for him. Your job is to make sure his bills are paid and he has cash money to meet his needs. He determines those needs. If his guardian takes control of his Payee account, then he has the right to make life choices.
  6. #6
    Onderzoek is offline Member
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    There are payee agencies that manage money as a business. They charge a small fee. They are bonded or insured and are subject to more thorough reviews than individual payees. You may need to go to your local Social Security office and explain why you think the mother would not be suitable. It would help if you had evidence that she either misuses or committed fraud. Unfortunately, it is not misuse if payees don't stop recipients from drinking themselves to death. Payees manage money, not the person.

    But if your husband has legal guardianship documents (court appointed) he is the first choice as rep payee. Trumps the mother.

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