Jump to content


Photo

my son died & I have custody of my grandson


  • Please log in to reply
5 replies to this topic

#1 bjwings

bjwings

    New Member

  • Members
  • 2 posts

Posted 25 February 2013 - 09:19 AM

My son just died 3 1/2 weeks ago, He had full custody of his son for 9 years (since his son was 3 yrs old). Him & the mother was never married & she signed over all rights. During the whole time we've been raising my grandson (my son & grandson lived with me & I took care of him) she never attempted to have any contact at all with my grandson (she knew our address & phone number); but no birthday cards, no calls --- nothin. She has bipolar & other mental issues.
Three years ago my son had his will & power of atty. drew up & appointed me for everything. Next week I have an appt. with social security to apply for SSI for my grandson. Does SSA contact the other parent for anything when someone applies for SSI? I contacted my son's atty when my son died & she said that his papers are in order & if any time I need anything to just contact her. But, since I've never been thur anything like this I don't know what to expect.
Should I "be prepared for the worse, but hope for the best" (worse meaning: going to court & a custody issue)
My grandson is 12 years old & says he wants to stay with me. I'm divorced & on SSI & SSD; but I have no problems with taking care of him.
As long as I've been caring for him there's never been any kind of issues. (He's never went without anything he needed & all health care are up to date). His grades are A & B's & is very well behaved.
At this time, I'm trying to find a grief counsler for both of us. (I had 2 sons pass away in the last 2 years), it's been hard for both of us, but we are doing ok---- but I think he should have some counsling, because he watched his father die of cardiac arrest & then watched me doing CPR & trying to revive him.
I'd appreciate your advice or any information. Thank you.

#2 LegalwriterOne

LegalwriterOne

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 4,708 posts

Posted 25 February 2013 - 09:23 AM

First, what do you mean by the mother "signed over all rights"? If she gave dad custody, that doesn't hold much water now that he's deceased. You need to obtain legal guardianship over the minor before you can do anything. You cannot "will" a child to anybody and mom's rights just because she is the only living biological parent are superior to yours until a court says otherwise. Consult counsel ASAP.

#3 pg1067

pg1067

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 45,891 posts

Posted 25 February 2013 - 10:31 AM

I agree with the prior response that there may be issues regarding whatever the mother may have signed and the nature of your son's rights regarding his son's. I also agree that whatever will and power of attorney your son may have signed are of little legal relevance where it concerns your grandson. Powers of attorney cease to be valid upon the death of the maker.

As far as the questions you asked, I think it's reasonable to expect that the SSA will want some sort of information or documentation regarding the child's mother and to verify your legal rights to act on your grandson's behalf. Since it appears you have no such rights, you may well encounter a problem. As far as what you might expect from the mother, we have no way of knowing.

I concur with the recommendation that you enlist local counsel to seek a guardianship.

#4 bjwings

bjwings

    New Member

  • Members
  • 2 posts

Posted 25 February 2013 - 10:58 AM

Ok; I just reread ALL of the legal documents that my son had drawn up & signed & that I also signed in his & his atty's presence. That my son has appointed me as my grandson guardian until he turns 18. Sorry, for the misunderstanding.

#5 adjusterjack

adjusterjack

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 3,761 posts

Posted 25 February 2013 - 11:50 AM

my son has appointed me as my grandson guardian until he turns 18.


What you have to understand is that appointment might not be worth the paper it's printed on if:

1 - The mother's rights are superior to yours.

And/or

2 - SSA says you need a court order.

All you can do is go ahead and apply for SSI and take your chances. You won't know if you have a problem until you have a problem.

I suggest you study the information on the SSA website about SSI for children.

https://www.socialse...ility/child.htm

And take a look at the Application for Supplemental Security Income, especially Section 40.

http://www.charlesha...SSA-8000-BK.pdf

That's where you might have a problem.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#6 LegalwriterOne

LegalwriterOne

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 4,708 posts

Posted 25 February 2013 - 12:11 PM

Ok; I just reread ALL of the legal documents that my son had drawn up & signed & that I also signed in his & his atty's presence. That my son has appointed me as my grandson guardian until he turns 18. Sorry, for the misunderstanding.


If mom wasn't properly notified and given an opportunity to object in court AND if it wasn't brought to court to be approved/ordered by the court, it means nothing. Only a court can give you legal custody.




0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users