Legal Question in Family Law in Virginia
Spousal Custody for Alzheimer's Patient
A woman is married to a man who has Alzheimer's.
She has been married to him for 15 years. His grown
children (her step-children) have taken him out of his
home and placed him with one of the children. They
filed for a restraining order to keep the wife away from
him. If the wife has done nothing wrong, can the man's
children assume custody of him without her consent?
What recourse does she have?
2 Answers from Attorneys
Re: Spousal Custody for Alzheimer's Patient
The wife should contact a competent elder law attorney.
Re: Spousal Custody for Alzheimer's Patient
If the wife has done nothing wrong then the court
should dismiss (assuming the matter is still pending)the children's petition for a restraining order against her. Whether or not the wife should petition the court to be appointed formally as a guardian for her husband and his affairs under these circumstances is a matter that she would be well advised to discuss with counsel who is knowledgeable in elder and related law issues.
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