Legal Question in Wills and Trusts in Alabama

Does a new husband get complete control of the wife affairs if she is sick?

My mother has been married to her husband for a little over a year. She went into the hostpital for surgery and ended up on a ventilator due to infection. Her husband has been making all decisions. Do I have any say so in what happens to her? She is very sick and I don't believe he has the mental capasity to make decisions. Also if she were to pass away would he get all of her property and insurace policies? Do her children have any right to decide where she is burried? I keep praying that she'll just get better but I want to know what our options are if she doesn't.


Asked on 8/04/08, 10:57 am

1 Answer from Attorneys
William Nolan Nolan Elder Law LLC

Re: Does a new husband get complete control of the wife affairs if she is sick?

Generally yes, the spouse, regardless of how short the marriage, has primary decision-making power. You may contest that assumption however, by filing to be named Conservator of your mother's affairs. A lawyer in the county where she lives would be the best person to talk with about a conservatorship. It is not guaranteed that the court would appoint an adult child over the spouse, but if you have reason to distrust him, you may present that evidence to the court. Be prepared for plenty of friction as a result of this type of action.

William G. Nolan

www.NolanElderLaw.com

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Answered on 8/04/08, 11:57 am


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