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How can my brother and I switch his payee for his social security checks and his legal guardian?

Boston, MA |

my brother is 18 and wants to move in with me! he is a freshman in high school and wants to have everything changed to me! he does not want to go through the court process and he wants to have everything done in a quickly fashionable manner! he is on SSI as well! he wanted everything done and settled before he goes into his sophemore year in high school which is the end of august! he is not sure of his rights as well, so we would like some advice on that as well! he wants me to be his legal guardian and be his payee for his SSI checks! how do we go upon this whole matter? we both would like to know if there is a way to prevent our mother to contact the school and try to get any information about him?

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Attorney answers 3


The best thing you can do to help your brother, which I am sure is your biggest concern, is to help your brother make an appointment with an experienced guardianship or estate planning lawyer. I feel strongly that your brother really needs the services of a skilled and experienced attorney to look after his best interests. Good luck.

This is intended for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.


When your brother turned 18, he became legally competent until a court determines otherwise. If your brother is not under guardianship or conservatorship, he may be able to sign a durable power of attorney and health care proxy, which will give the person of his choice the ability to make decisions if he is unable to do so. He has the right to direct the school to release or not release his records to anyone. If he wants to name you as his representative payee, he can contact the Social Security Administration and ask them for help.

I suggest that your brother meets with a local elder law attorney for assistance.

E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.


Talk to a legal aid attorney in your area for the advice my colleague mentions. I am sure you mean well, but the payee in a SS claim is required to keep detailed records, fill out forms for SSA about how the money was spent and provide receipts upon request. It can be a lot of work and is not the easy or quick thing to do - for you or your brother.

Good luck to you!

The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.