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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 115464
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My cousin revealed during a bout of depression that his

Customer Question

My cousin revealed during a bout of depression that his spouse of one year, wants him to break his IRA because she lost the chance to file for Soc Sec income from her last divorce. Should i do something and what? He was hospitalized and in rehab treatment for most of this year and emotionally fragile..... and i feel suicidal.
Submitted: 7 months ago.
Category: Family Law
Customer: replied 7 months ago.
Correction.....My cousin feels suicidal...
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If your cousin feels suicidal, the first thing is you need to get him help and get him to a hospital immediately. Once you get him psychiatric help he needs they will help him see that he should not be making any decisions while he is emotionally unstable.

If he refuses to go get help, as a family member who he disclosed this to, you can go to the local court and ask for an emergency commitment to a facility for mental health examination or you can call the police if you believe his threats for suicide are imminent.

Second, he should not touch his IRA because he is going to suffer a tax penalty for doing so likely up to 40-50%. Also, if he has been married one year he should not be doing anything just because his new spouse lost her SS rights from her ex husband. This actually sounds like she is playing him for the money and he should be convinced not to do so.

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Customer: replied 7 months ago.
I offered to drive him to the hospital but he refused to go because he said he would be with very psychotic people and he couldn't deal with that. I supervised him 24/7 along with my other family members whom he seemed relieved to see, yet still experiencing guilt, doubt and inner turmoil. So he was never out of sight. But he returned to the spouse to get his key to the home and never called to have me pick him up.
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.

If he will not go voluntarily and you believe he still needs psychiatric assistance, which he does if he still has such issues you describe, then you need to do an involuntary commitment by going to the court and filing for one and then calling the police out to have them serve it. You need to get him mental health assistance before he makes a huge mistake with his finances and lets this new spouse take financial advantage of him when he is mentally vulnerable.