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Can a Guardian prevent a disabled adult ward from marrying?
Hey, I need information about whether or not a family legal guardian can prevent an adult rehabbing (disabled after stroke) from marrying. My boyfriend is the ward - the guardian is his family member who is super-protective of anyone outside of the family (even inside the family!). This guardian also holds guardianship for boyfriend's 90 year old mother. This is a South Carolina guardianship.
Appreciate anyone's input with some kind of legal citation or reference to use. My future and his are at stake here and Momma isn't going to be around forever to offer hands-on care. The guardian also works full time outside ward's home and I am retired.
Thank you one and all.
5 Answers
- 9 years agoFavorite Answer
In South Carolina, when you have a legal guardianship it is stating that you are mentally incompetent and unable to enter into a contract. Only your guardian can enter into a contract on your behalf. A marriage is a legal contract.
There are also limited legal guardianships and they MIGHT specify the right to enter into a contract.
http://probatecourt.horrycounty.org/guardian.asp
http://webcache.googleusercontent.com/search?q=cac...
A 'guardian' over fiscal matters only is a conservator.
It is not up to a guardian to decide if a ward can marry or not - it is illegal for a person found incompetent and in need of a guardian to marry - it has nothing to do with permission. If it was discovered by the law if a person in this situation was married, the contract (marriage) would be immediately null and void.
- ncgirlLv 69 years ago
I am in NC but I was a legal guardian to my niece and it was my job to see that she had proper medical attention anything she needed was my responsibility to provide to her. As for a marriage contract I believe I could have stopped a marriage at that time. However, she turned 18 and still lives with me and she is free of her guardianship. I know the situation is different and we are in different states but if he is of sound mind he is certainly the age to make such decisions for himself. I don'.t see why not since you are retired and able to take care of him. Hope she(guardian) doesn't have power of attorney, then it is a different matter.Often these guardians with power of attorney see money if this person should die.
- JudithLv 79 years ago
It depends upon the terms of the guardianship. Some guardians are appointed over fiscal matters only; some are appointed guardians of the person only and some are appointed guardians over the person as well as fiscal matters. If fiscal only, then you boyfriend can enter into a legal contract. If guardian over the person, then your boyfriend can't enter into a legal contract without the okay of the legal guardian.
Your boyfriend can call probate court to find out whether or not he can enter into a legal contract without the okay of his guardian.
- 7 years ago
The A.G. hear in queensland can do what ever thay like and that would b all over the world as it is an abusive agency created 2 abuse people and rob people of everything thay own by giving it all to the public trust, I have a lot of involvement with every eara of the health system and it's all about abuse the only way U could get a guardian to stick up 4 u or a person is 2 bribe thwem with money.
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