Legal Question in Family Law in Florida

Incompetence and divorce

My father is going through a divorce. He is over 80, and may be found incompetent. If so I become trustee of him and his estate. Is there a legal proceedure I can use to place the divorce on hold until I can get him situated into a home and have the proper medical care established?


Asked on 7/02/07, 1:52 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Incompetence and divorce

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Your father's situation is not contemplated by applicable laws. I would imagine, however, that you could petition the court for additional time in which to respond to pleadings. If the court is provided complete information, I see no reason why a reasonable extension would not be granted.

Scott R. Jay, Esq.

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Answered on 7/03/07, 7:56 pm


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