Legal Question in Family Law in California

Please advise re married friend leaving spouse and living with me

I am in a relationship which has been going on for 12 years. We did not live togeather. I learned during the early days of his hospital stay that he is married. His wife has filed for legal seperation and she mentions in her order to show cause that she learned about me at the same time. The spouse is 70 y.o and he is 63 y.o.. He has advised her that he is not returning to his home with her on discharge from the rehab center. This man will need much assistance when he is discharged he still have paralysis on left side of his body. He will be comming home with me. Also while he was in the convalescent rehab facility awaiting to be transferred to acute rehab hosp. he made me power of attorney over his health care. My question is: What further should I do to protect my self? This man does have the ability to decide where he wants to live and his wife has filed for legal seperation. He has an appointment with a lawyer on 26 December, but since he is being discharged from the rehab unit before his appointment with the attorney I want to know the legal issues. Thanks


Asked on 12/16/00, 9:23 am

1 Answer from Attorneys
Diana Mercer Peace Talks Mediation Services

Re: Please advise re married friend leaving spouse and living with me

They're basically the same issues as a divorce. Community property laws apply. I'm not sure what you mean by needing to protect yourself---as a non-spouse, you're not liable for his medical bills although he's given you the power to make his health care decisions. If you'd like to be more specific about what you're worried about, I'm happy to be more specific about my answer. Good luck--I'm sure the lawyer will give you some answers when you see him/her on the 26th. Take with you a list of his income, assets, and debts. If he has property that he considers to be "separate", list that specifically, and explain why it's "separate" (i.e., he owned it prior to the marriage, it's from an inheritance, etc). There's some other tips which you might find helpful on my web site, www.yourdivorceadvisor.com.

Take care

Diana Mercer

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Answered on 12/22/00, 1:31 am


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