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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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My father who is 4th stage dementia signed a post nuptial instigated

Customer Question

My father who is 4th stage dementia signed a post nuptial instigated by his step son with only his wife's lawyer present. My dad had no legal representation and my brother and I who have durable power of attorney were not consulted or present. Can this post nuptial be overturned?
Submitted: 7 years ago.
Category: Family Law
Expert:  Ellen replied 7 years ago.

Consider a petition to the Court for a conservatorship to be appointed for your father. This will allow you to file suit to set aside the postnuptial.

A conservatorship can be set up for a person that cannot take care of himself and/or his finances. In a conservatorship, the judge appoints another person (the conservator) to be in charge of the conservatee's care and/or finances.

You could petition the court to appoint either yourself or another family member to act as conservator.

I suggest that you retain local counsel and have your counsel move for a hearing on the petition on an conservatorship. If this is not possible, you can go to the local law library and copy the form templates or purchase the forms on line.

I hope that the information which I provided was helpful to you.

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,