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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31009
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My name is ***** *****. My issue is regarding a

Customer Question

Customer: Hello, my name is ***** *****. My issue is regarding a Conservatorship that my brother in law put in place against my sister. They have been married for about 42 years. About 20 years ago my sister due to some bad things that happened to her when she was young had nervous breakdown and a while in the hospital she a stroke also, which she was lucky and survived with minimal damage from the stroke. At this tme is when she found she had a chemical imbalance. She began seeing a physiciatrist who put her on some very heavily medication. She was kept on this medicine until about 5 years ago when my sister decided she was tired if starring at the wall in a non functioning state. My brother in aw has fought her constantly on this because she know was voicing her opinion instead of looking blank all the time. She has continued to see a therapist for her mind, she stopped seeing the one who wanted her to continue to take the heavy medications and changed Dr.'s. She had a very close relative die recently and this really had an effect on her. Her husband has traveled out of town for years to work in different areas for weeks at a time leaving her at home without a car or even money to go anywhere if she needed to. She has wanted to leave him for a very long time she recently checked herself in to a facility because she wants away from. he is very controlling,
JA: Thanks. Can you give me any more details about your issue?
Customer: while she was checked into the facility he went and served her with papers for all control over her finances, health and anything else and the judge gave it to him for 3 years. She is not crazy, her husband is very wealthy and if her gives her 5 dollars she has to bring back a recipt showing how much something cost and the change. the last couple of years she has threatened to divorce him and he not about to let that happen. What are her options she wants out and he has control over her
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $36) to post your type of question to Legal Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: and with him having control now she will have no way to afford dr and living expenses including a lawyer
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Submitted: 10 months ago.
Category: Legal
Expert:  Roger replied 10 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

If she is not mentally incapacitated, then she would have the right to challenge the conservatorship and ask the judge to vacate/void it with a petition to the court. She would need proof that she is mentally competent - - likely from a treating physician.

Expert:  Roger replied 10 months ago.

Also, if she wishes to divorce him, she could do so.....and she could file a motion with the court requesting that he cover her legal fees if she doesn't work.

Expert:  Roger replied 10 months ago.

It is a common request for a stay-at-home spouse to ask the court to require the other spouse to cover his/her legal fees in order to give her the benefit of competent representation.

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