Legal Question in Family Law in Pennsylvania

Mentally ill husband

My husband suffers from a mental illness and refuses to seek help. His latest issue is giving exorbatant amounts to the church, despite the fact that we are financially strapped and have 18-month old twins with medical needs. What can I do to keep him from giving away our shared financial assets, and possibly to get him help?


Asked on 11/30/08, 12:32 pm

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

Re: Mentally ill husband

If you believe your husband is incompetent to handle his affairs you need to file for a guardianship.

You will have to prove to the court that your husband is incompetent. If you do you can be appointed guardian.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 11/30/08, 1:37 pm
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Mentally ill husband

You asked about preventing your husband from disposing of shared assets.

First thing to do is remove him from all accounts and prevent him from getting any access. You can strip any accounts in both of your names and place the assets in your name only. Paychecks should be deposited into or immediately transferred into the se inaccessible accounts.

Next, you need to find a lawyer that can help you out. That lawyer will seek to have arrangements made so that dear husband cannot transfer any assets without your permission. Also, the attorney will help recover assets that were wrongfully distributed.

While it may be difficult to go to an organization to recover assets that were improperly donated, it is often done and the organization is almost always willing to work with the party. If they don't they will lose if you take the matter to court. (They cannot keep a donation that was made improperly or by someone who didn't have the competency to make the donation.) There are other legal arguments but they all revolve around the fact that an organization can't keep a donation to which it isn't duly entitled.

Also, you will simply have to confront dear husband, with the help of the attorney to get treatment for the situation. If he will go along with the prescribed course then he and you will have a much lighter time going forward than if he fights. But you must be ready and willing to go to the mat to protect your family.

Regards,

Roger

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Answered on 11/30/08, 3:04 pm


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