Legal Question in Family Law in Massachusetts
Guardianship of a Spouse
My husband and I have not been together for 6 years ( we are niether legally divorced or separated). He has been living in Hawaii for almost 2 years now. He recently got into a critical accident. They wish to medflight him back to Massachusetts in about a month ( the cost is $80,000). One of my husband's siblings and her husband wish for me to sign over legal guardianship of my husband.....so that he can be sent back to MA. My question is.....if I do this will I be responsible for any of this $80,000 or have to make any kind of support payments? I have a 14 year old daughter living with me ( by my husband). I have never received any support payments for I never wished to. I only make $20,000 a year before taxes and insurance. I am trying to do the best for my daughter and could not afford the burden of any addition payments for my husband ( which I had intended on divorcing in the spring before this happened). What are my options? PLEASE RESPOND TO EVERY QUESTION....I really need some good solid advice. My husband's sister and husband have a lawyer that has been giving them advice on this. I do not and cannot afford one. My main concern is taking care of my daughter. My husband's condition is not good....brain injury from accident
1 Answer from Attorneys
Re: Guardianship of a Spouse
A wife is always legally responsible for the necessaries provided to a husband, under Massachusetts law. The hospital and others can correctly assert that you should pay deficiencies.
Without knowing the whole situation, it is difficult to advise you, especially in a public forum. However, I can say this: the siblings will likely win, and the care providers will likely look you you at some point, until and unless you are divorced (and a judge might WELL have qualms about divorce at this very moment). Your financial concerns are more likely to be answered by a bankruptcy attorney than a purely family lawyer.
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