Legal Question in Family Law in Virginia

divorce, mental incompetency due to Alzheimer's

My father was diagnosed w/ Alz. 6+ years ago. His ex-wife (not disabled)is suing for him to pay the monthly payments for her healthcare maded available thru his previous government retirement. Federal OPM office states that she is required to make the payments, not him, that he is only to make the coverage available based on the verbage of the divorce decree. Now he's being summoned and has no knowledge or understanding of this situation. Is he liable given his diminshed capacity and the federal govt.s interpretation of the divorce document? He is on a fixed income and has been is approved for a skilled nursing home, we are just waiting availibility of a medicaid bed


Asked on 10/10/08, 11:09 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: divorce, mental incompetency due to Alzheimer's

A lawyer famialr with elder care and applicable federal and state law should be hired to represent your father in this matter. If your father cannot afford to hire such an attorney, then he should request that the court appoint a G.A.L.(Guardian ad litem) at the first hearing on the matter to represent him.)

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Answered on 10/13/08, 10:21 am


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