Legal Question in Family Law in Kansas

If he made previous provisions for you to be his guardain, conservator or custodian, then you may be abgle to retain those powers after a divorce. But, unless you are willing to give him all the marital property, you may not be able to seek a property division and be a fiduciary for him at the same time. The VA may have a seperate provision for you to be his medical advocate, even if you are no longer married. This occurred a lot after Vietnam. But, if he did not make such providions prior to losing his mental capacity, you will likely be a secondary choice to his blood relatives. If you retain an attorney for the divorce case, they can explain the detials of your options. If you do not use na attorney for the divorce case, I strongly suggest that you have an attorney address your husband's estate plan prior to filing for divorce. Otherwise, you may be potentially personally liable to his family for any loss of property that he suffers, and you may be liable for repayment of some goivernment beneifts.

Good luck