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legalgems
legalgems, Lawyer
Category: Military Law
Satisfied Customers: 9906
Experience:  Just Answer consultant at Self employed
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My father is a retiree of themAir Force and has dementia and

Customer Question

My father is a retiree of themAir Force and has dementia and bone cancer.His girlfriend is his care taker and daugher control his money,now that my dad is very ill she is talking about marring him,my dad has an insurance policy with my name and sister as beneficares and my dad had a very healthy bank account ,now there is hardly enough money to pay his bills.
JA: Are you overseas or stateside?
Customer: Stateside
JA: Have you talked to anyone in the chain of command about this?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes,i ask his girlfriend how he get married with dementia, she said he can shake his head and write his name
Submitted: 11 days ago.
Category: Military Law
Expert:  legalgems replied 11 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 11 days ago.

My sympathies for your father's declining health.

There is a legal concept called mental capacity and if a person does not have mental capacity then the marriage can be voided.

A person has mental capacity if they understand the act and its legal consequences so a person with inferior mental capacity can be deemed capable of certain legal acts.

A person such as a relative can petition the court to be appointed guardian and then challenge the marriage.

Also there is what is called "undue influence" -basically when a party uses their position of trust to unduly manipulate the person to take advantage of their financial status based on their vulnerable position.

A caretaker is often a prime suspect in such incidents.

For cases such as this it advisable to hire an attorney to see if guardianship should be filed because if it is appropriate, they can simultaneously get an emergency injunction freezing the assets so they cannot be disposed of/transferred.

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Thank you and take care.

Expert:  legalgems replied 5 days ago.

Good day. Just checking in to see how the above worked out. You can always reach out to me hear on Just Answer and I will do my best to get the requested information for you. Thank you!

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