Some mental illnesses are associated with overspending and impulse control. In instances where you suffer from borderline personality disorder, bipolar disorder, or ADHD, it is sometimes better to appoint a trusted individual as your financial guardian. It helps to know that your bills are covered and that you will have a weekly stipend to spend as you please, and that is what a financial guardian does. However, if you select a guardian who you thought was financially responsible and it turns out he or she is not, then here is what you need to do.

When the Selected Guardian Is Unwilling to Surrender Guardianship

Your financial guardian has to show up with you and another individual to the social security office to transfer guardianship. If he or she refuses to attend the meeting, you will need to pursue the matter with the help of a disability lawyer. Not only do these lawyers help you win your social security cases, but they can also help you with social security benefit problems after you start receiving your monthly deposits. Problems with appointed financial guardians definitely fall within the expertise of a disability lawyer.

Present the Lawyer with Bank Statements

Bank statements are evidence that your financial guardian has been skimming money off the top for his or her own use. Even when you appoint someone to be your financial guardian, you still have a right to view the account, have your name on the account for direct deposit purposes, and have a right to the statements. The bank should have no problem providing you with the statements going as far back as the first month of your disability benefit deposits. The statements will show when and how much your current guardian has been taking from you.

Suing for Repayment and Appointing a New Guardian

A law firm, like Law Offices Of Russell J. Goldsmith, can file the paperwork for you to sue your guardian for repayment of stolen funds. In these cases, the guardian is not only stealing from you, but also from the federal government, and it is considered a federal offense punishable by law with prison time. In the meantime, your lawyer can attend another meeting with you and the social security administrator to show why the first guardian needs to be removed as payee and another needs to take his or her place. With your lawyer and the proof sitting right there on the desk, the administrator cannot deny the appointment of a new guardian and no loss of benefits or holdup of benefits will occur.

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