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Here is one for the legal.....
types. I know Canadian laws are different from the US ones and there are also state/provincial differences as well. There must be some underlying principles that cover these kind of situations. My wife's aunt has been committed to an Alzeimer's care home by her husband. They have no children. He has a lot of education and she has a lot less. He has bought a motor home and will be resuming his yearly snowbird trip to the Southern US this fall by himself this time.
Now the question is this. If he finds another woman and gets remarried(assuming he divorces his Alzeimer's wife first of course), what recourse does she have to half of her ex hushand's estate? Because she is not of sound mind anymore and he would have had power of attorney over his first wife's entitlement. Can my wife's family act on her behalf to ensure she is looked after in the event of a divorce settlement? Apparently he is paying $3-4k per month to the Alzeimer's home to support her. Perhaps that is the only obligation then? Thanks in advance! 
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09-22-2013, 05:28 AM
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Almost Banned Once
Join Date: Feb 2009
Location: Adelaide South Australia
Posts: 38,943
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No idea but it sounds like a nightmare. He could burn through everything they have before you know it.
Have you talked to a family/divorce lawyer?
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- Peter |
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09-22-2013, 05:45 AM
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Quote:
I am old fashioned and I wonder about the marriage of some people .... till death do us part etc. I look at some people that are married and wonder to myself why are they married? The exploitation of one by the other or the putdowns of one spouse by the other behind their back. Big education on side and minimal on the other..... Thankfully I have a great wife. |
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09-22-2013, 06:04 AM
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The Unsettler
Join Date: Dec 2002
Location: Lantanna TX
Posts: 23,885
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Does the Uncle in law have a history of being a POS?
Has he done things that cause you to not trust him to do the right thing? Sounds like you are judging him for things he has not and may never do. I've been around Alzheimers patients, at some point they are no longer there. It's very sad and can be difficult on the family. They can also persist in a nearly vegetative state for years. If it were me in that state I would want my wife to continue to enjoy life. If he did divorce her would she not be entitled to alimony which would go to her care? Where in Canada do they live? They could be in a community property jurisdiction which makes the whole thing mute.
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"I want my two dollars" "Goodbye and thanks for the fish" "Proud Member and Supporter of the YWL" "Brandon Won" |
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09-22-2013, 06:13 AM
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Conversely being in his shoes could be a completely different matter and understand that living with somebody who has Alz. could be very challenging. Yes you have judged my character well but I do like to support people who are at a disadvantage. |
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09-22-2013, 06:29 AM
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The Unsettler
Join Date: Dec 2002
Location: Lantanna TX
Posts: 23,885
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Seems this....
Quote:
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Inevitably SIL's good intentions end up creating a situation that has the exact opposite result of what she expected or intended resulting in anger and resentment. Put another way, just because you think you are doing the right thing does not mean that you actually are doing the right thing. I hope this difficult time works out for your wife's family. Best Scott
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"I want my two dollars" "Goodbye and thanks for the fish" "Proud Member and Supporter of the YWL" "Brandon Won" |
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09-22-2013, 07:52 AM
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Join Date: Sep 2009
Location: North of You
Posts: 9,160
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Depending on their assets his cheapest out will likely be to keep paying the cost of the nursing home.
In the event of a divorce the court can appoint someone to represent her. He can't use power of attorney to avoid dividing up the estate if he wants a divorce. If a family member feels he is abusing his power of attorney then hire a lawyer and try to have it revoked. But as the husband, he will get the benefit of the doubt, you need concrete evidence, not supposition.
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"A machine you build yourself is a vote for a different way of life. There are things you have to earn with your hands." |
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09-22-2013, 09:15 AM
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Join Date: Aug 2000
Location: Palm Beach, Florida, USA
Posts: 7,713
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As a practical matter you don't have to worry because your scenario will never come true unless he is a particularly moral and ethical person. Why would he divorce his wife when he can live with another woman and have all the benefits of marriage with none of the disadvantages of divorce? In other words, he's highly unlikely to get divorced. Why would he? He doesn't need to get married.
But to answer your direct question, the putative ex would get a guardian ad litem appointed who would look out for her best interests during the divorce. She would get whatever she is legally entitled to and it would all gonto her care in the locked nursing home ward. Seriously, she isn't there anymore. She doesn't have the mental capacity to know where she is or what she's doing. The best that can be done for her is to keep her comfortable, have caregivers who cooperate with her flashbacks, and keep her as physically healthy as possible. All you can ask of him is to keep taking care of her, honor her memory and try not to embarrass himself now that he's alone. |
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09-22-2013, 06:04 PM
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Lexus RX350
