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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102377
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am inquiring about marriage. If I marry a man who has a

Customer Question

I am inquiring about marriage. If I marry a man who has a step daughter that is in power of attorney who has taken his Military benefits income which he thought it was in his best interest. would it become void? we are inquiring the daughter says she has full POA and guardianship over him. he is 84 of sound mind. she says he has Dementia. I would never know. she controls or tries to. we are inquiring we would love to enjoy the rest of our lives together.
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.

Does she actually have a court-ordered guardianship over him, or not?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 2 years ago.
I am going to the courthouse to find out she tells me she does. he is very unhappy with her she , we consider elder abuse. she says he lives on a very tight limited budget and he has no monies. they do not give him any they have used all of his funds they do not work the husband does part time.
Expert:  Ely replied 2 years ago.

Thank you.

IF she has such a court-ordered guardianship, then he is her ward. She can then control his finances and make decisions on his behalf, as well as override his. He may not be able to actually take out a marriage license (or the marriage may be annulled) if he does so under guardianship, since the Court likely presumes that he has dementia to the point of not being able to enter into a contract or marriage.

Assuming she has guardianship, a marriage would not void it. You and/or he would have to go to Court and petition the Court to drop the guardianship arguing that it is not needed, or, to have someone else appointed as guardian (you?) if it can be proven that she is not doing a good job.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Customer: replied 2 years ago.
Do we have the right to go and find out what awards she has? she controls what he does how long he is gone. he says the only thing he know is he signed POA.
Customer: replied 2 years ago.
would he have had to sign for guardianship or can she just receive that thru the courts
Expert:  Ely replied 2 years ago.
What COUNTY do they live in? I ask because this way, I can direct you to where to find out.