Daughters battle for elder father.

[brownjq]

What is the name of your state (only U.S. law)? Virginia
I am the legal guardian and conservator for my father. He is incapacitated, incompetent, and resides with me. I've had him in my care for over 2 yrs. My father is still married. His wife was previously appointed guardian and conservator but it was taken away because she did not properly care for him and mismanaged his finances. I want to petition for a divorce because it appears she shows no initiative to care for him and she is very irresponsible. She does call on occasions just to say she's still around. They have no property or any other financial obligations together. He has no pensions. She was denied spousal support by the courts. Do I have a chance to petition as guardian if I can prove why it is in the best interest of my father?

Regards,
A messy situation.

 

[2Mistakes]

I have no idea how that would work and can offer no advice other than . . .

Please see an attorney!!! This will not be a do-it-yourself project by any stretch of the imagination.

Many attorneys offer a free consultation. I would definately make an appointment ASAP and find out what your father's legal options are.

 

[LdiJ]

What is the name of your state (only U.S. law)? Virginia
I am the legal guardian and conservator for my father. He is incapacitated, incompetent, and resides with me. I've had him in my care for over 2 yrs. My father is still married. His wife was previously appointed guardian and conservator but it was taken away because she did not properly care for him and mismanaged his finances. I want to petition for a divorce because it appears she shows no initiative to care for him and she is very irresponsible. She does call on occasions just to say she's still around. They have no property or any other financial obligations together. He has no pensions. She was denied spousal support by the courts. Do I have a chance to petition as guardian if I can prove why it is in the best interest of my father?

Regards,
A messy situation.

Why does it matter? Your father apparently has no assets, and you are his guardian, so how would a divorce change anything for him?

 

[brownjq]

Daughter vs. wife

It matters because my father is retired military, has life insurance, receives social security disability along with long term disability. She thinks she's entitled to something and will fight me in court to the end. She's wasting my time taking me to court. I'm tired and want her to move on

 

[mistoffolees]

It matters because my father is retired military, has life insurance, receives social security disability along with long term disability. She thinks she's entitled to something and will fight me in court to the end. She's wasting my time taking me to court. I'm tired and want her to move on

She's his wife. She IS entitled to something.

As I read this, he was happy with her as long as he remained competent. Then he became incompetent. You didn't like the way she took care of him so you sued to take control. Even though she still stays in touch, that's not enough for you. Now you want to cast her aside with nothing - not even what she's entitled to. Seems to me that you're the one making unrealistic demands on the court and dragging things out to suit your gold-digging needs.

EVEN IF you were allowed to divorce on his behalf, she'd still be entitled to the benefit of his pension and 1/2 of the other assets (you said before that they had now assets, but now the story has changed). So you're not going to get your way and take all of their belongings.

But it's unlikely that the court will let you divorce on his behalf since there's absolutely no evidence that he would have wished for a divorce.

 

[brownjq]

Daughter's battle with wife

Let's not get this situation twisted. Every time my father's wife have taken me to court and vice versa, I HAVE WON. I won custodial and fiduciary reposibilities of my father with proven facts and evidence. That is why he is with me and has been for a little longer than 2 years, MORE THAN THEY HAVE BEEN MARRIED. (HIS SECOND WIFE) I would love with all my heart for his wife to honor her responsibility to care for him in his current condition. She did not do it the first time she was given guardianship and conservatorship. She has not made any attempt or effort to show she is willing and able. Just calling will not cut it.

 

[LdiJ]

Let's not get this situation twisted. Every time my father's wife have taken me to court and vice versa, I HAVE WON. I won custodial and fiduciary reposibilities of my father with proven facts and evidence. That is why he is with me and has been for a little longer than 2 years, MORE THAN THEY HAVE BEEN MARRIED. (HIS SECOND WIFE) I would love with all my heart for his wife to honor her responsibility to care for him in his current condition. She did not do it the first time she was given guardianship and conservatorship. She has not made any attempt or effort to show she is willing and able. Just calling will not cut it.

This issue is beyond the scope of an internet message forum. You honestly have to consult a local attorney.