i have a handicap sister who lives with me. nobody has ever gone to court over who is in charge of her. she has lived with me for seven years now. now i have this older crazy sister. she has filed to be her guardianship and if not she wants to control her check. so we go to chansore court. the judge says she has to get a check up to see if she is compatient and my crazy sister can call her once a week. my handicap sister is real upset and has told the guarding of litem. my handicap sister does not want to talk or see her. my older sister was abusive to my handicap sister. of course she denies it. so i am going to hire a lawyer next week. but my handicap sister wants to go and stay with our brother in fl becouse she says she is sick when she has to talk to her. if she leaves what kind of trouble will she be in. and will they take her s.s. check. i fell like i am the one abusing her making her do these phone calls. thank you for the help .

twinkiedooter

The guardian ad litem was a good start to tell regarding the crazy sister's actions. The social security disability check will follow you sister regardless of where she lives. This money is for her benefit and no one else's. If she is mentally disabled, then the person receiving the money on her behalf has to fill out the monthly report. If you receive the check in your name for her benefit, you can go to the social security local office and do the paperwork there to transfer her check to her brother in Florida to distribute and do the monthly reports. I assume you have been the one doing the monthly reports. The attorney will make up the proper paperwork and submit it to the judge so that she can move to Florida with your brother if that is where she wants to live if she is underage. She does not have to speak to her sister on the phone if she does not want to.

You did not say how old sis is or her disability.

denice

my sister is 53. her handicap is she is retarded or mentalley slow. i am not sure. she knows what she wants to do. and is ok. we just try not to let any one abuse her. i just want to make sure she will not get arrested for going to fl. i do not think she would be becouse she would not be under tn law if she is not here. but she was court ordered to talk to her crazy sister. i also told the ad litem my sisters blood pressure was up 50 points. she does not want to leave here. she just does not want to talk to her crazy sister

twinkiedooter

You said no one was her guardian at this point and she was just living with you for 7 years. Whose name is the ss check in? Does it come to you in your name for her benefit? She will not get arrested if she goes to Florida and stays with brother as this is a civil matter and not a criminal matter.

If she does talk on the phone have it be very short and very sweet and then hang up. This way bad sis can't run to judge and say she's not complying with court order making her case stronger for guardianship. She does not need to be tormented like that with blood pressure out of this world. Not good.

She needs to be far away from her asap in my opinion. She would not be arrested in Florida as your sister would have to file any paperwork in Florida and that would be expensive to fight something long distance.

Go see the attorney asap before bad sis gets guardianship and makes your other sister's life a living hell. Are you sure you are not her guardian having cared for her for those 7 years in your home?

Be sure not to sign anything at social security over to bad sis unless judge orders you to do this. Remember that money is for good sister's benefit, not bad sis to control or benefit from.

denice

the check comes to me in care of her. it is hers. i do not want her to have to report to my bad sister for her money. i can sign the check over to my brother. he would also do right by her. she has lived with me. but i never ask to be her guardian though the court. i felt she was doing fine and as long as she is not stressed she seems to function well. she visits can drive a golf cart she can shop. i just watch her so no one can abuse her. that is why i am fighting with bad sister. thank you for your help.

denice

her check comes in my name for her does that mean i probably am her guardian

Fr_Chuck

no, you are not her guardian, unless the court has issued you a court order naming you her guardian.

They may assume you are, or at some point, you were put on as a care taker or something. Was there ever any legal status of her guardianship when she turned 18.

denice

she lived with my mother who passed away eight years ago. she stayed with my brother for away. then she came and stayed with me and never left. my mother left a trust and told me in it to take care of her and that is what i gave s.s. i really did assume all this time i was her helper i never went to court. becouse she can decide things for her self she just needs help to live in this world

twinkiedooter

The fact that your mom had a trust that mentioned you to take care of her is another matter. Do you still have the paperwork from the trust? Take that to the attorney's office when you visit as this could very well be the "key" to helping your sister escape the guardianshp of bad sis.

denice

i do not remember a lot when my mother died i do remember the lawyer saying take the trust to s.s. and i did i looked all over for it i will go to s.s. they should have a copy if not i quess i will be going to fl. ad litem said they would give her to me. so that is not the problem. i would like to stay. but it is to stessful for my handicap sister. and i want what is best for her. if i stress her and she stroke. nobody would help. thank you guys for the help