Can My Granddaughter’s Aunt Access Her Survivor Benefits for College?

Question from Johnny, Can My Granddaughter’s Aunt Access Her Survivor Benefits for College?

Answer from AI:

Answer:

In the United States, survivor benefits, typically provided through Social Security or a pension plan, are intended to support the well-being of a child who has lost a parent or primary breadwinner. These benefits are generally paid to the child or managed by a legal guardian for the child’s benefit, such as education, healthcare, and living expenses.

When your granddaughter was adopted by her aunt, the aunt became her legal parent, assuming custody and responsibility. However, the use of survivor benefits is strictly for the beneficiary’s well-being. Using these funds for the aunt’s biological daughter could be considered misuse, potentially leading to legal consequences, including repayment of misused amounts.

The funds should primarily benefit your granddaughter, ensuring she has resources for her education and future. Using them for another child may not align with the intended purpose and could be seen as a breach of the aunt’s duty to manage the funds appropriately.

To use the benefits for her own daughter’s college tuition, the aunt might need court approval, demonstrating how this use aligns with the best interests of your granddaughter. However, this is subject to legal restrictions and jurisdictional variations.

Consulting a family law attorney is advisable to navigate this situation, as they can provide personalized advice based on specific circumstances and legal requirements.

Key Points:

• Survivor benefits are for the beneficiary’s well-being.
• Misuse may lead to legal consequences.
• Legal permission may be needed for alternative uses.
• Consulting a legal professional is recommended for personalized guidance.

For more information, visit the Social Security Administration or consult a family law attorney.