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Marriage question?
Senior citizen marriage. His wife doesn't want guardianship over him or estate. His daughter gets guardianship over him and estate without objection from her in return for signing over his half of condo to her. In the eyes of the law are they now legally separated. He is in one state wife in another. Her exact words i don't want him back. He has Alzheimer's
The question. Would they be legally separated. The court did order guardianship to daughter of him and estate. She cannot due anything in his name. Including she relinquished control of all his financial accounts.
9 Answers
- FoofaLv 72 years ago
It's a good thing the daughter retained his medical guardianship. Let's hope she's got a good attorney to make sure her dad can get a divorce so this wife doesn't inherit more than she's due when he dies. If he has Alzheimer's this daughter may have to do some serious legal wrangling to keep any of his estate. Because in the eyes of the law his pension(s), SS and a variety of other benefits would be assumed to go to his spouse.
- seedy historyLv 72 years ago
The wife is not legally obligated to care for her husband or spend her last years trying to make sense of things with a spouse who no longer knows her name and might be dangerous. Unless she gets her name disentangled from his, she might remain responsible for some financial matters though. Not living together is not the same as "legally separated".
This is heartbreaking for many families. When Alzheimers occurs in the elderly, an elderly spouse may in no way be situated to deal with the disease and the ramifications and demands it makes on the caregiver. It's not uncommon that younger members of the family or community need step in and provide.
Bottom line; people can only do what they can do. We can judge them, be angry at them or help them. But people can only do what they can do.
- RPLv 72 years ago
It may or may it be legal or proper. If he were not of sound mind, then signiing over the condo could be challenged. You need legal advice for the jurisdiction in which they live.
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- i + iLv 72 years ago
Although you didn't put a question mark at the end,
my guess is that your question was this sentence:
"In the eyes of the law are they now legally separated."
The finer points about it would depend on which state
they were in but generally speaking "legal separation"
specifically refers to a court approved separation which
defines legal rights and obligations -- so unless or until
there is court paperwork involved, the answer is no.
