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Irwin Law
Irwin Law, Attorney
Category: Family Law
Satisfied Customers: 7415
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I am caregiver for my yr old brother, who recently had

Customer Question

I am caregiver for my 69 yr old brother, who recently had stroke. His cognitive thinking is still pretty bad along with dementia. I began caring for him after his "wife" REFUSED. After two years of not hearing or any kind of communication, the wife suddenly appears and ask if they could have coffee privately. I agree and she takes him. When he gets back, he tells me she had him sign papers. What papers he didnt know. What reason, he didnt know. Ask her, who is perfectly healthy physically and mental, she will not tell me. I put the word wife in parenthsis because I am in process of signing him up for Medicaid. I asked her for marriage license, she will not give. I have written to state, no record of their marriage, although there is record of first marriage and no record of divorce. Therefore I do not believe they are legally married.
Submitted: 9 months ago.
Category: Family Law
Expert:  Irwin Law replied 9 months ago.

Thanks for using JUST ANSWER. Do you have a specific question about this situation?

Customer: replied 9 months ago.
Sorry sent before reading. Yes, my question is Can I get her to say what papers were signed and why. Is it legal for her to get someone incapable of understanding what he agreeing to and to make decisions. I am his POA.
Customer: replied 9 months ago.
I added the last part about he not being married to her because I thought, being husband and wife, maybe she did have authority to have him sign something.
Expert:  Irwin Law replied 9 months ago.

Your POA entitles you to ask her for the info, but she doesn't have to comply. The absence of a valid marriage opens up a Pandora's Box of potential problems, but it doesn't sound like he has property or assets to be concerned about. The bot***** *****ne is that anything she had him sign can be challenged in court because of his lack of mental capacity.

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Expert:  Irwin Law replied 9 months ago.

Hello again. I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. There is no additional charge to you for rating me. A bonus is not required, but is always appreciated.

Thanks again for using JUST ANSWER.