Legal Question in Family Law in Nebraska
Dad is in Nursing Home
Can I sign on behalf of my elderly father for a divorce if I have Power of Attorney
Category: Family Law, Divorce, Child Custody and Adoption
State(s), Country: NE (NE), US
Posted: 3/11/2008
: 1
David Tarvi n, Attorney at Law
Re: POA and divorce
You can, but how will he react? He might go into court and contest it. Why do you want to file for a divorce on his behalf? Depending on the reason, there may be a better way to accomplish it.
David Tarvi n
I need to do this on behalf of my step mother, , as Dad is in a nursing home with almost total loss of memory, so she can move on.
1 Answer from Attorneys
Re: Dad is in Nursing Home
The best strategy would be for step mother to either hire an attorney or ask an attorney to draw up papers so she can file pro se. Have her file for the divorce, then you can enter a voluntary appearance on his behalf. If there are assets that need dividing, the Court may appoint a Guardian ad Litem for your dad to make sure that he is not being swindled out of property. Of course, if your dad is either receiving or may receive Medicaid in the future, that raises another set of issues. You can contact me directly for more information. I'll be glad to help!
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