*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*
Welcome to JustAnswer,My name isXXXXX shall do whatever I possibly can to provide you with helpful information about the law. Please keep in mind that, although I am an attorney, I am prohibited from giving customers of the site legal advice or forming an attorney-client relationship on this forum. If at any time the information which I provide is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.
Typically when a person is declared incompetent, a guardian is appointed by the court
did the court actually deem the person to be incompetent
She's only been deemed incompetent by a medical doctor
divorce request was filled in Alabama but the Judge denied it because he said she need's an attorney in lidem (sp)
not sure how to go about getting an attorney to represent her...i'm obviously biased
so i thought the court would appoint someone
In that event, you can proceed with filing a dissolution of marriage in Alabama based upon your residency in Alabama. You would serve her in New York.
and who would sign the paperwork? would it be the nursing home?
Probably in this situation no one would sign the paperwork. The court would enter a default judgment based upon the lack of a response
that seems to make sense but the judge didn't do that...due to a lack of response, he denied the case
and said she has to have an attorney represent her
so my question is how do I get an attorney appointed to represent her?
You or your attorney likely represented to the court that your wife was deemed incompetent
now unfortunately you will need to open a guardianship/conservatorship
You would need to petition a New York Court to declare your wife and competent and appoint a conservator The conservator would then retain an attorney
Is this something I should do or have an attorney do?
you will need to retain counsel in New York.Here is a link to a free site that may assist you in locating competent legal counsel: www.Martindale.com
Have I answered your question?
yes, thank you
It has been my pleasure to provide you with legal information.Your satisfaction is very important to me. If I have not answered your question completely, please let me know by clicking reply. If you are satisfied with my service, please leave positive feedback even if the law is not in your favor.Please let me know if I can assist you in the future by starting your new question with "For WebLaw"
and please remember to click accept :-)
Will do. I wish the attorney in Alabama that took $1500 could have answered the question but he flat out didn't know, wasn't willing to research it and said good luck....all after taking the money!! Horrible experience. So THANK you again.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).