How to annul? Caregiver married my incompetent father

[lplegal]

What is the name of your state? California

I have durable POA for my father since 2001. My father has shown signs of dementia, Alzheimer's, but I had never got it formally documented by his doctor. In July 2007, his caregiver of 4 months married him in Renor. I took my father for a competency test in August which the doctor concluded that, yes, indeed, he has been incompetent since 2005 and is writing a summary report for my files. How do I go about getting this marriage annuled? Do I have to go through some formal legal proceeding?

 

[Ohiogal]

What is the name of your state? California

I have durable POA for my father since 2001. My father has shown signs of dementia, Alzheimer's, but I had never got it formally documented by his doctor. In July 2007, his caregiver of 4 months married him in Renor. I took my father for a competency test in August which the doctor concluded that, yes, indeed, he has been incompetent since 2005 and is writing a summary report for my files. How do I go about getting this marriage annuled? Do I have to go through some formal legal proceeding?

How does the doctor know that he has been incompetent since 2005. What he does know is that your father is incompetent now. But how does he know about THEN? How can YOU prove that? You need to file for guardianship of your father and serve all of his next of kin. Who can then protest and also apply for guardianship. Then if you got guardianship you might try to have the wedding annulled if you can prove that he was incompetent at the time of the ceremony. It is going to be a long path though with a lot of formal legal proceedings.

 

[LdiJ]

How does the doctor know that he has been incompetent since 2005. What he does know is that your father is incompetent now. But how does he know about THEN? How can YOU prove that? You need to file for guardianship of your father and serve all of his next of kin. Who can then protest and also apply for guardianship. Then if you got guardianship you might try to have the wedding annulled if you can prove that he was incompetent at the time of the ceremony. It is going to be a long path though with a lot of formal legal proceedings.

They only got married in July of 2007. Therefore if the doctor finds him incompetent now, its reasonable that he was also incompetent two months ago.

I would consult a local attorney ASAP.

 

[moburkes]

But, OP stated that he has been incompetent since 2005. How is that even possible?

 

[seniorjudge]

Q: How do I go about getting this marriage annuled? Do I have to go through some formal legal proceeding?

A: You will have to set up a guardianship/conservatorship on pa; then you will have to file for an annulment. You are looking at a three or four years and several thousands of dollars and no guarantee you will win.

 

[LdiJ]

But, OP stated that he has been incompetent since 2005. How is that even possible?

The doctor is probably basing that on descriptions of behaviors and problems. My dad has Alzheimer's and has basically been incompetent for the last 5 years, however he was only officially diagnosed about 1 1/2 years ago.

However I can tell you with certainty if its Alzheimer's if he is incompetent now he was definitely incompetent in July.

However, a stranger (like a preacher at a Reno chapel) wouldn't necessarily recognize that he was incompetent....at least not within the couple of minutes it would take to get married.

 

[Golfball]

Possibly the medical records that were on file, where the records weren't reviewed for competency issues until the request was made? Or extrapolation from current condition and known rates of progression?


Not that I'm a doc, I'm just shooting in the dark here, but it's not entirely unconceivable.

 

[Ohiogal]

Well it is a good guess but it is not DEFINITE that pa was incompetent at any point before the diagnosis. He may have been heading towards incompetence but there is no certainty of that. My advice is still the same -- which is like SJ's. File for guardianship then if granted he can move for an annulment.

 

[moburkes]

I apologize. I realize that he may have been incompetent since 2005. I was *trying* to ask how the doc (and the non-doc daughter) made the diagnosis and made the general statement that's it been since 2005. What, he was incompetent on Jan 1 2005, but not Dec 31 2004?