My mother fought for me to get disability when I was 12 and it carried on that she is my payee even though I am an adult without guardianship. My mom has become really abusive to the point I had to call the police because she was pulling my hair and hitting me in my head with her fists . They highly suggested I change my payee and move out. They drove me to my aunt's house so I didn't have to be there anymore. My mom only gives me $40.00 a week,but when she gets mad she dosent give that and then if she does give it to me and if she gets mad after I get she takes it out of my purse of takes the whole purse. I am getting sick and tired of it. I am just scared she will get mad if I do.
[ Answer this question ] Want to answer more questions in the Relationships category? Maybe give some free advice about: Abusive Relationships? adviceman49 answered Friday February 17 2017, 3:08 pm: The first thing you need to do is contact Social Security. You can do this by phone by calling 1-800-772-1213. Ask them how your records read, ask them if your records show you mother as your guardian or having any financial power of attorney over you. If they answer is no ask, if a “MY Social Security Account,” open under your social security number. If there is one ask if they can close it, or change the password to one you can use for your mom and not you is controlling it and you want control over your checks and that you will be opening a bank account to have your checks sent directly to your bank. Then go to a Bank that mom does not use and open a checking account. Most banks will open one for as little as $10.00 and no fees if you are having direct deposits which you will be. Then if you can use the My Social Security Account you can change the payee and have the checks sent directly to your checking account just follow the prompts or you can go to a Social security office near you and they will make the changes for you
When you were 12 and a minor your mom as your parent was your guardian and fully responsible for all of your care and financial affairs. When you became of legal age, generally considered to be 18 and not considered to be mentally disabled, Social Security should have sent you a notice to change the payee. If you are not mentally disabled it is possible that your mother has you sign something called a “Financial Power of Attorney form,” which would allow her to continue to receive your checks and control your finances. Do you remember signing any forms around the time of your 18th birthday?
IF you are capable of caring for yourself and your finances and you mom tricked you into signing that form she has committed a crime of Larceny and falsifying a federal document. She could go to jail and be made to pay you restitution if convicted on these charges. It is very possible that while you are explaining to Social Security why it has taken you nine years to make the change in payee that they may want to investigate and charge your mother with these crimes. That money from the time you were r12 is meant to be used in your best interest and support. Should mom have tricked you into signing a power of attorney form and cannot prove this money was used in your best interest she has committed a third crime.
I would suggest before you do anything that you seek the help of a lawyer. If you can’t afford one go to the legal aid society and they will appoint one for you. [ adviceman49's advice column | Ask adviceman49 A Question ]
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