How does a guardianship affect Social Security benefits?

A guardianship affects Social Security benefits in North Dakota by determining who is authorized to manage and access them on behalf of a person with physical or mental disabilities who is unable to do so themselves. In North Dakota, the court determines the guardian by hearing evidence from family members, caretakers, or other interested individuals. The guardian is then authorized to manage any Social Security benefits that the person with the disability may be eligible for. The guardian has the authority to manage any Social Security benefits the person may receive and take steps to initiate or appeal eligibility for disability benefits. The guardian may also manage any other financial resources the person may receive, such as retirement income, investments, or other assets. The guardian’s responsibility extends to providing regular care and assistance to the person with disabilities by monitoring their healthcare, assisting with activities of daily living, providing funds for daily living expenses, and helping them make decisions about their care and living arrangements. The guardian has a fiduciary responsibility to the person for whom they are appointed and is accountable to the court for their actions. In some cases, guardians may also be able to petition the court to get the person’s Social Security benefits transferred to a trust for the person’s benefit or to change the beneficiary designations for any life insurance policies. This provides greater protection and oversight over the person’s Social Security benefits.

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