guardianship for a disabled 25 year old daughter

I obtained guardianship over my daughter about 5 yars ago, when her teacher at the state school recommended it. She is mentally handicapped has autisim and epilepsy. The problem is: we have to file papers every year showing were every penny of her social security goes. According to SS we can charge her 1/3 of house payment, utilities and groceries (she doesn't get that much) so we charge her $600/mo (her ss check is about $630/mo) (our house payment is $1200/mo, utilities $500/mo, groceries $500-$600/mo) when she needs clothes,shoes, or just wants something we get it for her, believe me she does not want for anything. The lawyer charges $175/yr to file the papers and the court charges her $30. The problem is that several years ago when she got a cost of living increase through ss and we did not increase her monthly payment to us ss found deturmined she didn't need the cost of living increase so they dropped her monthly amt back down, so this year when she got her ss increase we increased her monthy pmt to us to the $600/mo. The court says that we didn't have their permission to increase the amt! There were also 3 checks to walmart during the year and the court wants copies of those checks but walmart scans the checks through and we do not know where they are, they were small checks for underware ect. what do I do if these checks don't exist now. It kills me that no one has ever come to our home to see how well she lives. Do I have to continue to go through this mess every year? What happens if I say I don't want to be her guardian any more I just want to be her parent? Can I do that? - Is this your question? Add additional information
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Answers (2)

David L. Carrier

David L. Carrier

Contributor Level 5
Because she's legally an adult you'll have to keep going through this rigamarole every year...
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E. Alexandra Golden

E. Alexandra Golden

Contributor Level 6
I think you're overdue for a meeting with a good local elder law attorney who does a lot of work in special needs work. The attorney should be able to help you understand the intersection between your state's guardianship requirements and the SSI regulations, so that you will have an easier time with both. At the same time, you will be able to discuss the specialized estate planning you need, so that your daughter does not risk losing her benefits if you die.

Sure, you could stop being the guardian -- but that means someone else gets to make a determination about where your daughter lives, her medical care, and everything else. It seems to me that $205 a year is a small price to pay to be sure that you get to keep control. (And BTW -- you should be able to get copies of checks from your bank for a small fee.)
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