Legal Question in Family Law in California
My brother, a schitzophrenic, is married. His wife has had a restraining order on him for 2 years and has no intention of fixing their marriage. Yet, she refuses to file for divorce because they have assets (house, social security, rent) and she may lose out on her benefits. They have 3 children and she refuses to grant him visitation. Altough she has a restraining order on him, she continually calls him for his help (handy many). As my brother is mentally ill, he has no sense to divorce her. Is there any way that his siblings can interfere and file on his behalf for a divorce? How can we help him?
2 Answers from Attorneys
Unless you can have him declared mentally incompetent to conduct his personal affairs and get appointed as his conservator, there is nothing I know of that would allow anyone to take that kind of action on behalf of another without their consent.
I agree with Mr. McCormick. Only a conservator would be able to proceed, if he is truly mentally incompetent to take care of his own affairs.
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