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Legal Separation for the mentally "incapacitated"?

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NYartist

Junior Member
What is the name of your state?What is the name of your state? New York, NY

The brother (43 y.o.) of a friend has been estranged but not legally separted from his wife since 4/4/05. Their split is on account of a prescription drug addiction which resulted in him losing his job and the sale of their home to prevent foreclosure. After mortgage and major debts were satisfied, they both walked away with $7k each. The estranged wife who has never held a job had taken several thousand dollars in additional cash (belonging to him fro the sale of the house) while he was hospitalized for an operation and set her mother, herself and their children up in an apartment, unbeknownst to him. The wife told his family, with whom he now lives, that he was now "their problem" and she would not visit him in the hospital or have anything to do with him, save for being there when he picked up and dropped off their children.

This man's addiction has lead him deeper into drug use and he has landed in the hospital after a motor vehicle accident. Doctors (at a city (NYC) hospital) believe he MIGHT have been attempting suicide because he was hallucinating at the time of this accident. He is apparently under 24 observation for another episode and because his kidneys had almost shut down (they suspect he consumed a toxic liquid prior to driving). The wife is now attempting to secure minor assets like a vehicle, electronics and any small amount of money he may have on hand. Any of these items are in the hands of his family.

The family is concerned that the estranged wife is still his legal surrogate and they are afraid that in an attempt to get insurance money or his legal property, she may not take appropriate measures to keep him healthy if the "opportunity" arises. They would like to know what their options as his immediate family are, and if they can get power of attorney or begin a legal separation for him even though doctors consider his mental state incapacitated or unstable. They are understandably frantic. He seems or pretends to be unaware of his maritial situation although the estranged wife and her siblings are aggressive toward him and his family. Thanks for any help.
 
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seniorjudge

Guest
If brother is mentally incompetent, his family should set up a guardianship for him and tell the court about bad wife (so she doesn't get to be the guardian).
 

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