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RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 12631
Experience:  Experienced in multiple areas of the law.
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I became my 64 year old brother's guardian on May 12, due to

Customer Question

I became my 64 year old brother's guardian on May 12, due to his cognizant impairments r/t a stroke in 2008. He had been staying with a girlfriend for 11 months and had lost over 50 pounds. Thevcourt ordered him to be returned to the family home. The next dayvhis girlfriend took him to get a marriage license. He was returned to the family home on May 14. His girlfriend asked if she could take him to church, not knowing about the marriage license I said yes. I foundcout a week later when she went to the local SSA office to try to become his payee that they had gotten married that Sunday. Is the legal? I live in Missouri!
Submitted: 1 year ago via USmarriagelaws.
Category: Family Law
Customer: replied 1 year ago.
Also, will I have to get the marriage annulled, or can I
Expert:  RobertJDFL replied 1 year ago.
Thank you for your question.
Lack of capacity can include mental incompetence, senility or insanity of one or both spouses. It may also include physical incapacity or impotence. Your brother suffers from cognizant impairment, and if he was unable to understand or appreciate what he was actually doing, then it would be considered a voidable marriage.
You would have to indeed file for an annulment of the marriage, yes.
Customer: replied 1 year ago.
Thank you I kinda thought that. I was hoping it could be voided another way. Nnothing is easywhen dealing with this type of individual. (The girlfriend not my Brother)
Expert:  RobertJDFL replied 1 year ago.
Unfortunately, not. It sounds like she knew exactly what she was doing too, and clearly tried to take advantage. I'm glad you were able to catch it.