Follow
Share

My father who had dementia along with a whole list of other medical problems passed away a month ago. He was in a nursing home a year ago and I was his power of attorney since my mom/his wife of 30 years had passed away in 2020. Well a year ago my half-sister (my dad’s daughter from his previous marriage) didn’t want my dad in a nursing home and offered to take him to live with her across the country. I agreed since I figured my sister would also look out for his best interest and handed the POA over to her. Once over there my sister hired a home health aid to care for him. I come to find out today, when I received my dad’s ashes to bury together in my mother’s plot that his death certificate states his martial status at the time of death as “married” and his surviving spouse listed as the home health aid. I nor any of my other siblings had any knowledge of this (except my half sister). I was able to look up the marriage certificate details online and it seems they got married about 6 months ago, which my father had been on hospice for a majority of that time. Is there any legal recourse to have this marriage that took place in Nevada annulled? My father did not have the mental capacity to consent to this marriage, he could barely hold a pen or remember how to swallow food. When I confronted my sister, she even acknowledged that he did not know or remember the next day that he had gotten married and would not explain her reasoning as to why she let this happen in the first place. I and my family are just in shock that she would do this to our father!

This question has been closed for answers. Ask a New Question.
“Voided” maybe?

You’ll need to consult a skilled family law specialist in the state where the “ceremony” occurred?
Helpful Answer (0)
Report

You need to consult a lawyer in the state where this occurred and ask this question. I’m sorry it happened, very unethical at best
Helpful Answer (1)
Report

It's possible to have it voided. As others said, see a lawyer.
It's outrageous what that aide did. Vomiting-outrageous. It's also incomprehensible how your half-sister allowed this.

It's normally for financial reasons. Check whether the "new wife" and your half-sister took money, assets. They might have made a deal together. Check the will.
Helpful Answer (5)
Report
ventingisback May 2023
One piece of advice for anyone with elderly LOs:
under some circumstances, it's a good idea for family to take away the elderly LO's ID, passport...This way, the LO can't sign any devastating documents without your presence and approval.

With the consent of my Mom, I have her ID, etc...
(3)
Report
Was your sister secondary on the POA. Did you relinquish your responsibilities to her in writing, witnessed and notarized. If your sister was not assigned secondary by ur father, IMO she was not POA. You cannot just hand your POA over to someone. It has to be assigned by the principle, ur father. But the POA died with Dad.

I would, as suggested, call a lawyer in tge State Dad died. I think fraud could be proven.
Helpful Answer (1)
Report

I'm curious how did the POA get changed from you to the half sister. Something just doesn't seem right
Helpful Answer (2)
Report

A marriage license must be applied for, usually in person at the courthouse. Then there’s a waiting period and the bride and groom go back to the courthouse and pick it up. An officiant performs a marriage, there are usually witnesses required.

If your dad was that sick, how did he do any of this?
Helpful Answer (1)
Report

Who filled out the information for his death certificate -- your sister? What on earth was she thinking if she knew he was married?

If not, and it was the aide who gave the information to the mortuary, then I'd contest the facts of the certificate.
Helpful Answer (0)
Report

Aide & half-sister have some serious explaining to do.

To someone with legal authority.

The aide should be formally investigated for Elder Abuse & face SEVERE consequences if found guilty. (Appears to be absolutely disgusting preditory behaviour).

Half-sister may or may not be involved - formally investigated also imho.

How important to you is it to stay on good terms with her?
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter