What is breach of fiduciary duty, what is a proceeding/arbitration & What is "bankruptcy that involves funds on behalf of others

Asked over 1 year ago - Meriden, CT

I am currently the "Representative Payee" for a relative. Was taken into custody on 2/19/13. I did not know that she had actually been arrested or where she was until after 3/1/13, when she did not come for her SSI check. I started to call around and eventually determined her whereabouts after checking an on-line source. Before I determined where she was I used part of her SSI check to pay expenses that she incurred before leaving my home and I sent money to her during her incarceration.
Social Security now says they paid her the 3/1/13 check in error, because she was incarcerated and is requesting the payback of the whole amount. I filed a waiver of the payback or at least that part of it . I am applying for a insurance producer license

Attorney answers (1)

  1. Michael J Corbin

    Contributor Level 20

    Answered . Because your relative was in jail, she was ineligible for her SS payment, meaning you had no business cashing it. SS has every right to have the money returned, including what you paid yourself. They are saying that you breached your duty to your relative to handle her finances properly. I understand that you didn't know where she was, but that's not a justification for spending her money. You need to return the money ASAP.

    We can be reached at 507.334.0155 (Toll Free: 888.777.5009). Our web address is: www. corbin-law-office.com.... more

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