Legal Question in Wills and Trusts in Colorado
My Fathers Girlfriend
My Dad is in a nursing home & has been deemed incapable of making his own decisions since the end of January when he fell and broke his hip. I am his daughter by blood. His girlfriend has participated along w/the family in his care for almost 2yrs. He had been staying with her for approx 3mos & I depended on her to call me should anything happen between calls to my Dad. She did not call anyone in the family for 2wks & only then after I had left many messages and became anxious of not hearing from anyone. When I went to the care center and saw my Dad, I was taken aback as his girlfriend had stated that he was doing well. I tried to speak with the medical staff about his condition and was told by the Director that I would need to speak to his wife for any information I am in need of, medical or otherwise. She has stated to the care center that she is his wife. My father has never married her, never introduced her to anyone that I am aware of as his wife. His name is on her property as an investment along with her name. These last names are different. She is signing documents presently under my Dad's last name. Should I be concerned about all of this? What are my rights as his daughter? How can she just say ''I am his wife''?
1 Answer from Attorneys
Re: My Fathers Girlfriend
Common law marriage in Colorado is quite simple. It sounds to me like this is something that can probably be contested, and it should be done sooner rather than later. A critical point will most likely be whether your father was still competent when she first started calling herself his wife, and whether he acknowledged her as such.
If he did not, this might rise to the level of Elder Abuse. Contact the Area Agency on Aging representative in your area for more information. That person's contact information is supposed to be posted in the care facility. That person may also be able to help you locate an attorney experienced in elder abuse issues in your area.
I wish you the best of luck.
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