[WSBAPT] Special needs questions

[Jane Bitz]

Suzanne:

I don’t generally practice in Social Security Disability law, but a quick google search found: “If you are receiving disability benefits under your parent's work record as an adult child, getting married will usually cause your SSDI benefits to stop. But if you marry a person with disabilities who is also receiving Social Security benefits, you may not lose your benefits when you get married.” I would recommend engaging an attorney familiar with Social Security benefits to advise the client.

Does the daughter have a Court appointed Guardian of the Person and/or Estate? If so, the right to marry may have been affected by the appointment of the Guardian. You should review the Order Appointing Guardian. The marriage will not “automatically” replace a Court appointed Guardian. A Petition would have to be filed to modify the Guardianship and the new husband would have to qualify as a lay Guardian by taking the required training etc. A Guardian ad Litem may have to be appointed to evaluate and advise the Court whether or not the husband is an appropriate Guardian. One option for the parent guardian would be to name the new spouse as Stand-by Guardian in case the parent is unable to continue as Guardian in the future.

The Guardian can serve from out of State and direct local individuals to assist the Ward with medical appointments, etc.

Sorry I could not be of more help with the Social Security issues.

Jane Bitz.

Jane G. Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
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Spokane Valley, WA 99206-4824
(509) 927-9700 x126
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Suzanne Lieberman
Sent: Tuesday, January 5, 2021 1:43 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Special needs questions

Good afternoon,

I have a few questions that are more properly directed to someone specializing in elder/disability law. Can anyone help?

Client's adult daughter was on SSI, then on survivor's benefits after her dad passed away, then on Medicare starting in 2019. What happens to the government benefits if recipient marries?

Can the client remain the guardian if her daughter marries? Or would the daughter's husband have to be the guardian?

Can the client act as guardian remotely (i.e. from out of state), and have someone local handle e.g. doctors' appointments? Or does the guardian have to live locally?

Thanks much,

Suzanne Lieberman
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