Is a divorce or legal separation the better course of action for a mother with Alzhei

[wmassie]

My mother has advanced Alzheimer's and is in a memory care facility in AZ. Her second husband has chosen not to be around her because of the disease. He lives in a different state, is elderly and in failing health. They have a pre-nup and have kept their finances separate their entire married life. I have POA and have handled my mother's finances for the past several years. I want to protect my mother from obligations her husband might incur including health care costs that outstrip his ability to pay. Do I need to file a divorce action, or is a legal separation adequate to protect her?

 

[army judge]

Why do you wish to protect your mother's assets from her husband? Their prenuptial agreement will do that. Besides, you have no standing to interfere in their marriage. A POA provides you no ability to tamper with their marriage. Besides, her husband doesn't appear to want any funds from his wife.


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