Maybe this is in another thread somewhere, but are there general comments on how one actually files for a divorce? For example, do I just go to the city records office and submit a form?
I am actually wanting to do this for my father, as his agent with POA, to divorce his wife.
I really appreciate the comments here. If I could ask a few follow up:
(1) How does the law determine "capacity," especially in cases of Alzheimers? We spend a lot of time listening to him, asking in various ways, and of course since he is our father we know how to interpret his wishes. At...
Where is the burden of "proof" in signing documents like a Power of Attorney, for example if the person is competent to sign it. For example, if a person has Alzheimers, it's very difficult to say/know where they really are in terms of mental status, there are good days, bad days, lucid moments...
I guess my question is really, is there any benefit to me pursuing an "additional" conservatorship when I already have a Power of Attorney? If his wife was to apply to be the conservator, how do they "notify" people, my dad? Does he have to make an appearance in court? (Of course if that was the...
We don't think so either, but feel threatened by the lawyers letter. If one were to argue we are holding him against his will, well -- the front door is unlocked and he is an adult that could leave at any time. But if one says he is a bit mentally incapacitated, then it's appropriate for someone...
I already have a Power of Attorney for my father where I am the designated agent. It was notorized in Canada, but myself and my father are U.S. citizens. He has a wife (remarried 10 years ago) in California. We would like to most likely initiate a divorce, or sell his home, but she is also on...
We are also in a similar situation, my father (a U.S. citizen) had a Will drawn up and signed by two family friends as witnesses here in Canada. It was not written by a lawyer, but is just basic and leaves his estate to his two children. He was diagnosed with Alzheimer's prior to the Will. We...
Our father's wife (remarried 10 years ago, she's 74 yo) has had her lawyer threaten us with a "court action" in a letter. About 6 months ago, we brought our father to live with us, instead of at his home with his wife. We had discovered that his Alzheimer's and the wife's condition had led to a...