Legal Question in Family Law in Nevada

My father's third wife won't allow me, his daughter, to see him. He is very elderly, in his late eighties, and not well so she monitors all his mail/phone calls and such.

He is a retired coronel in the USMC & his social worker at the V.A. that coordinates his eye, dental and other appointments would like to call him about me because he mentioned in his notes that he is looking for me; however, the telephone number has been changed and she can't get it. What can I do?

This woman blocks any kind of direct personal contact with ANYONE from him.

He could die any day and I would like to say good-bye to him. Moreover, I am not in good health either and I would like to ask him family medical history questions that pertain to my well being.

When return receipt requested letters are sent, his wife says he is "temporarily away", she won't sign for the letters and so it is an impossible situation. Do I have any recourse? To my knowledge I am his only daughter.

Thank you for your time and attention in this matter. Oh, he lives in Las Vegas, Nevada in a very upscale residential neighborhood and I reside in AZ.

Sincerely,

Ms Mitchell


Asked on 10/05/09, 2:26 pm

2 Answers from Attorneys

You could file a petition to be appointed his legal guardian. You would have to have a Nevada resident who would be his co-guardian for the paperwork.

It would be up to the court to determine if he was in need of a guardianship and who should have the right to contact him.

You will likely need a lawyer and this could be a time consuming task.

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Answered on 10/10/09, 2:36 pm
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

I agree with Ms. Muirhead. As a lawyer, I would write the wife a letter threatening a guardianship and state that you really just want to see your father and not go to the expense of a guardianship but you are willing to do whatever it takes.

If she doesn't respond, then either go forward with the probate or just resign yourself to the fact that you might not ever see your father again.

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Answered on 10/11/09, 9:59 pm


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