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Marie, Realtor
Category: Legal
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Experience:  Real Estate Law/Broker Owner/Morgage/Title Co./Builders LLC
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How do I declare a person incompetent in the state of CA

Resolved Question:

A legal adult who is an alcoholic and is rapidly and progressively becoming worse. Spends money irrationally, currently is going through a divorce, seems to make reasonable decisions and promises and then will go on a two week drinking bender, stopping all progress of the divorce. Will stay sober for 3-4 weeks following a detox and rehab stay and then the cycle starts again, however this leaves little time for progress to be made with decisions concerning the divorce. The woman is at her wits end with the cycle and the court system. She needs help!
Submitted: 10 years ago.
Category: Legal
Expert:  Marie replied 10 years ago.
Hi Great. It's not that simple. There is no law against incompetence(poor judgement or unreliable behavior because of alcohol) or being an alcoholic unless you break a law. People can spend money anyway they want to, and add that will alcohol and I'm sure it can be a nightmare. The women, your friend, needs to consult an attorney to file action for a divorce. If I read this right, she wants a divorce from him? Second, she needs to ask that the court have her husband evaluated for his alcoholism if it is threatening her means of survival. If he has abused her, her money or property, sold her jewelry, or stocks etc, then she can have the court get involved. There is no law against drinking yourself to death, as long as you don't break a law or hurt someone. People do it everyday. And in most State to have someone deemed incompetent means a battery of Doctors, Psychiatrists and the Court. Regardless of his drinking, once she files, she can proceed whether he cooperates or not, the court will accept her petition for divorce and her attorney can hash out the monies. Let the judge order it and be done. There is no reason to delay, if she in fact wants the divorce whether he is sober or not. Maybe once he sees she means business, it may sober him up for more than a month or two. If you have any other questions, please ask.

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