Q: My aunt passed away and I need to obtain guardianship of my cousin who is 13. No will. No biological father.
Minor was receiving state benefits, don't know how to address social security benefits. He has an adult sibling that agrees with my husband and i having guardianship. Child is not doing well academically.
A:
You don't need to be appointed Guardian to contact social security and be appointed as the designated payee for the minor's social security benefits. SS will just require you to file a report once a year as to how you used the funds. You mention that the minor also receives state benefits so I am not sure what type of benefits you are talking about. Federal SS, SSD, and SSI payments are administered through the State of Oregon for Oregon residents.
It sounds like all the surviving adult relatives agree that you should act as Guardian so you should certainly consult with an Attorney and get assistance setting up the Guardianship. If the minor also stands to inherit any property you may need to also set up a conservatorship. An Attorney can help you figure this out.
A: Correction - now that I think of it the State of Oregon may only be involved in administering some aspects of needs based federal payments like SSI and Medicaid. You can start by contacting your local Social Security Office to figure things out.
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