If our grown son moves back in with us, can I legally charge him a third of the rent?

Rainmom, thanks for the info concerning gaurdianship. My nephew gets SSD and I have POD. He gave Mom 250 a month to offset the additional money his living with her cost her. She is low income.

I hasten to add that many guardians do not go the legal route and are never found out. However by doing so you risk lossing guardianship, being charged with a crime and having to pay back every penny the ward was charged.

I hate to disagree with JoAnn but the "rent thing" does not depend on the agency. Not when the ward is receiving SSI and the legal guardians are the people doing the renting. Sorry but this I know - I have been my adult sons legal guardian for 5 years.

The "rent" thing depends on the agency. One took the money Mom gets from disabled nephew as an offset the other rent. Some SSI people only get $500 a month.

My sis pays a portion of her SSI to cover expenses to her Guardian, the way those in authority set it up for them. It is not rent.

I would like to add that GardenArtist is right to suggest checking into the terms laid out in the guardianship/conservator agreement. Often there are stipulations on how the wards money may be spent. I would suggest consulting the lawyer who drew up the guardianship papers. But I will repeat that papers need to be submitted to a judge for approval!

I actually know this one! If you are guardians you can charge him rent BUT you must have it approved by a judge in court. You will need to show what your household expenses are item by item. Then if he is receiving SSI there is a limit to how much you can charge - in most states it's between $500 - $600. Lastly if you charge rent you must include it as income on your taxes. However if you son is sharing expenses you do not. It's a matter of verbage.

Age of the son? Job of the son? Health of the son?

If he is getting Medicaid in any way, you need to call them. You are only allowed to take a certain amount. If SSD call ur local SS dept and run it by them.

I think some info is missing. Why does your son need a guardian and/or conservator? If he has some disability, is that why he's moving back in with you?

I'm wondering also if the order of guardianship addresses any situation like that, or does it provide that you would manage his funds if he lives alone in his apartment, home, or with others in a group facility? Actually, what's the best for him? That would be the issue I think.