Legal Question in Family Law in Washington
Conservator in Divorce Case
What is the criteria for appointing a conservator to stand in for a man being divorced. This man has been hospitalized twice for depression and suicide in the last 6 months and is on heavy duty drugs for depression. His wife has been pychologicaly manipulating him for years and is facilitating his depression. He is at the point where he doesnt care anymore and just agrees with what she says. He is barely taking care of himself and has very little money left as she has been convincing him to give more and more to her. He sits all day in a borrowed apartment with shades drawn and chain smokes, this has been going on for 6 months.He has signed a temp financial order giving her 90%of his income. He is living on charity and care of others when this order goes into effect he won't be able to pay his attorney (who says she can do nothing about the situation) I am trying to find some help for him and it seems a conservator would be best.I can not find a definition of what behavior would warrent this and if this would work to protect him from his wife and protect his assets in a divorce. He is worth about 2 million. His family and friends are frantic to help him. He has given up on help himself and his attoney doesn't care.
1 Answer from Attorneys
Re: Conservator in Divorce Case
You are actually looking to appoint a guardian, not a conservator. That distinction aside, a court has the authority to appoint a guardian when the court finds someone is at significant risk of financial harm based upon a demonstrated inability to adequately manage their property or financial affairs.
Eccentricity does not make one incapacitated. His attorney has a fiduciary duty to make sure his client doesn't enter an agreement that is highly disadvantageous, or at least has to warn him that what he wants to do is highly disadvantageous.
Ultimately, someone like a brother, sister or parent will have to hire an attorney to file a motion seeking appointment of a guardian to make decisions in this man's financial matters for him at least until he is well enough to do it on his own.
If you have further questions, please feel free to call me, because this is not a simple matter that can be dispensed in an e-mail or BBS board. I can be reached at (206) 223-9510. I hope this helps.
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