Legal Question in Civil Litigation in Florida

married 11 yrs to 100% disabled combat wounded vietnam vet purple heart home burned to ground lost all no insurance husband relapsed on etoh after md refused to refill morphine prescription ater using it for 10 years red cross hekped us only them moved to an apt motel on oceanridge where we first me husband had bleed from liver taken to hospital discharged against va advice no beds here in wpb vamc his sister takes him out of hospital to her house i called 911 and had him admitted to jfk hosp got call from him states 6 mos to live hospital sends him home withsister and pbc hospice now husband refuses to talk to me sister will not let me see him he has abandoned me totally called vamc they suggest i contact lawyer i am his next of kin at the vamc and that is why sister keeping him at her house with civilian hospice care he cant walk has qxygen in place told my son to tell me not to contact him anymore becausr sister hates me abandoned


Asked on 10/27/11, 7:39 pm

1 Answer from Attorneys
Samuel Mutch Samuel A. Mutch, P.A.

You have the ability to go to court with a petition to have your husband declared incompetent. That is a costly process. If he is incompetent, you would have to show the court that you

(1) are entitled by law to be his guardian; (2) although sister may be guardian, unless you have some drug or psychiatric problem you should be appointed; (3) you need to get the children and your friends on your side.

See a lawyer specializing in probate/guardianship.

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Answered on 10/28/11, 7:13 am


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