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Husband who was approximately 80 years old and who had had a…

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Husband who was approximately 80...
Husband who was approximately 80 years old and who had had a cerebral hemorrhage, signed a divorce settlement agreement with his wife. She was represented, he was not. I have an expert who will testify that Husband did not have the mental capacity to understand and enter into such an agreement. Later, when represented by an attorney, he signed a power of attorney, basically done so that his son could file suit to set aside the agreement. I anticipate that wife will argue that his signing a power of attorney showed that he had mental capacity to enter into the divorce agreement. Is there a different standard that would apply under these circumstances? This is a Pennsylvania matter.
Submitted: 8 months ago.Category: Family Law
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11/17/2017
Family Lawyer: RayAnswers, Lawyer replied 8 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,280
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 8 months ago

A healthy spouse is free to file divorce against a mentally ill spouse. However, a guardian or conservator must be appointed to a mentally incapacitated spouse to preserve his or her interests in a divorce. Unlike criminal law, insanity can’t be raised as a defense in a divorce case. One exception is that a spouse can plead insanity to avoid responsibility for claims that he or she acted cruelly or committed adultery during a marriage.

In Pennsylvania, mental incapacity or insanity can also serve as grounds for annulment. The healthy spouse must prove that the other spouse was mentally incapacitated at the time of marriage and that the incapacity is permanent. For annulment purposes, the mental incapacity can be tied to mental incapacity or a result of substance abuse at the time of marriage.

Your best argument here is that they lacked capacity and no ad litem apparently was appointed to represent him.The settlement was void if he lacked capacity and had dementia as you state.You have some great arguments here especially if you have some medical supporting documents to present about lack of capacity at the time and his medical conditions.

You may need a guardianship for your dad since he currently lacks capacity, they will likely challenge the POA.

I appreciate the chance to help you today.Prayers to you and your dad here.

If you can positive rate 5 stars it is much appreciated.

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