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Can I sue a representative payee/fiduciary for mishandled funds?

Columbus, GA |
Filed under: Social security

A local social service agency was representative payee for my mother and sister. I am now her representative payee. However, I have reason to believe that they did not honor their duties. My mother receives SSA, SSI and an annuity. My sister receives SSI. I came to be her payee because her gas was cut of during winter months and she had to stay with me. I ask for records pertaining to her income and things she is responsible for and their seems to be alot of money unaccounted for. They also have personal belongings that were purchased with her money that they say they don't know where they are but I have a receipt for one of the items. I came to discover that the gas bill was never in her name. She has an outstanding balance thats preventing me from trying to move her among other things

Attorney Answers 2


The short answer is maybe. What you need is an accounting of the funds in order to determine whether there is a reasonable basis on which to hang a charge of breach of fiduciary duty. Most Social Security lawyers with some experience will be qualified to take on this type of challenge.

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Possibly. Ask the agency for a full accounting. If they fail to provide one or they can not explain discrepancies you may either hire a Social Security attorney or contact Social Security and file a complaint with the agency. If you decide to do this without help of council, make sure that you are very clear with what you feel is amiss. Generalities will not be useful in this situation. The more proof you have of malfeasance the more likely that action will be taken.

If the amounts are minimal it may not be worth your time to pursue.

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