My 14 year old nephew is currently receiving SSI benefits, payable to my sister. She is sending him to live with me but is hesitant to sign guardianship over because she says he would lose these benefits and I would have to reapply for them.
I have to have guardianship if I am going to enroll him in school. Not to mention get health benefits for him or anything else that we need (which she is certain her state medicaid will cover from out of state, while I am certain my private insurance will cover no matter what). She says the SSI is about 1/3 of what his grandmother, who originally applied for them when he was in her care, says she was receiving for him.
My nephew has been bounced from one home to another his entire life and this is supposed to be a permanent situation. I can not make my home a permanent home for him if I am not his legal guardian. But I think she's holding out because she doesn't want to tell me the actual amount she is receiving and is trying to pocket the difference.
I will not buy his plane ticket or accept him into my care without the paperwork signed so that my husband and I are his sole legal guardians. If I can't enroll him in school or be certain of getting medical coverage from him, I can't claim to the judge (who will decide whether he goes with me or into a foster home) that I am capable of providing him what he needs. That's just the bottom line, whether my sister understands this or not.
The SSI in the meantime would certainly offset some of the costs involved, including increases in my health insurance, the extra rent for another bedroom, and food and clothing costs. It's not the biggest issue, but it would be helpful. What I need to find out is whether it's possible to just transfer who the payee is as he's a minor and an adult must collect the benefits on his behalf. Could that adult be transferred from my sister to me? Do I need her consent if I have the guardianship papers? Which I WILL have if she's going to send him to live with me. Would I have to reapply for him? How long would that take?
BTW, the father is not in the picture. Not much word on where he is, but my nephew stayed with him for a few days before coming out to visit me and he isn't contesting my getting custody. From what I understand, he's lost rights to custody through the courts. I know that he had full custody 5 years ago and my sister gained custody about 2 or 3 years ago with seemingly little contact with the father.