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KSG1031

Disability and Guardianship

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I'm trying to find some information about disability income from Social Security. An adult has his parents as his guardians, has been married for 3 years and yet they're still his guardians. How can this be? They say that due to filing their taxes jointly the Social Security office knows of the marriage. What needs to be done to fix this situation? Are the disabled one & spouse going to be in trouble or would it fall on the guardians for not reporting the change?

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Social security uses a representative payee for benefits when the person receiving benefits is a minor or they determine that they are not the person to be handling the money.  and you can petiton SSA to change or end the representative payee role.  If a guardian has been appointed by a state court, that is the body that must be petitioned to change that status, if there is a basis for it.

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An adult has his parents as his guardians, has been married for 3 years and yet they're still his guardians. How can this be?

 

Obviously, all anyone here can do is guess, but the most logical assumption is that, at some point a court ordered a guardianship and no one ever thought or bothered to seek to have the guardianship terminated.

 

 

 

They say that due to filing their taxes jointly the Social Security office knows of the marriage.

 

I'm not sure who "they" are, but this makes no sense.  Tax returns are filed with the IRS, not the SSA, and assuming the SSA constructively knows everything that the IRS "knows" is just silly.

 

 

 

What needs to be done to fix this situation?

 

It's not really clear to me what the "situation" is that you think needs to be "fixed."  However, obviously, either the guardians or the ward could petition to terminate the guardianship.

 

 

 

Are the disabled one & spouse going to be in trouble or would it fall on the guardians for not reporting the change?

 

In trouble for what?  Reporting what change?

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A spouse does not automatically trump a guardianship, though you seem to be under the impression that is the case. There are any number of reasons the spouse might not be an appropriate "guardian". If the spouse or disabled person wishes to have a different legal arrangement, they must go through the courts.

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