Legal Question in Elder Law in California

My oldest sister has been married (her first) for 20 years to a man who has been ill from the outset. First he had prostate cancer and became incontinent. When she married him, she had no idea he was an alcoholic. Throughout the marriage she has been the sole means of support.He has alcoholic dementia, drinks like a fish, is verbally and sometimes physically abusive....and still very incontinent. He refuses to bathe and has not done so in 6 years. His health continues to go down hill and she is thinking of getting a divorce. My husband and I worry because we realize California is a community property state. We implored her to leave him early on to no avail. She is worn out mentally and physically. They have a revocable trust and his adult children from his first marriage (who never ever lend her a hand---but have their hands out) are anxiously awaiting "their inheritance (my sister's money). What recourse does she have? Frankly, we are very worried about her and we live 3500 miles away to assist her on a regular basis.


Asked on 1/04/11, 12:43 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Your worry must translate into helping her hire an attorney to consult with on divorce, separation, wills/trusts, conservatorship, etc. He will be able to steer her to appropriate actions and help. She has serious issues that will not be easily resolved with a wave of a magic wand.

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Answered on 1/10/11, 12:21 pm


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