His daughter sued him after we got married. She has had nothing to do with him since she financially took advantage of him by drawing up trusts and forging his name and then seeing him while he had a broken pelvis, could not show up for court yet was deemed incompetent in a Virginia Beach court. Several people including attorneys where we live now know full well he is very competent. Can I as his legal spouse get guardianship to keep the conservator from spending his money on frivolous lawsuits the daughter continues to bring up in court? Desperate here!
What action have you taken to address the alleged fraud perpetrated when she forged his name on a trust? What proof do you have? I hope you contacted law enforcement as well as Adult Protective Services to have the trust nullified. You should also have contacted the Virginia State Bar Association to file a grievance based on the attorney allegedly having accepted false documentation or having failed to verify that the trust signatures were not fraudulent.
I don't understand how this could have happened. An attorney would have required that the trust be signed in his or her presence, and surely he would have been able to determine that a stepdaughter was not in fact the male who should have executed the trust.
Your husband may have to sue his stepdaughter to nullify and reverse any action she has taken as trustee, if that's what happened.
Did you appear in court to challenge the incompetency hearing? If not, did you retain counsel after your husband recovered to reverse any adjudication of incompetency?
Regardless how many people, including attorneys, know that your husband is competent, you have to take legal action to reverse whatever action was taken by the court.
I'm assuming that your husband hasn't executed a Durable Power of Attorney? If not, is there some reason why he hasn't? That would be easier in the short and long run than trying to get guardianship.
You really ought to be seeing an attorney for assistance in reversing the conservatorship, as well as stopping and/or challenging the "frivolous" lawsuits initiated by the court. Assuming they are in fact frivolous, whoever she's suing should be filing a counterclaim b/c of the fact that they're frivolous, and asking for reimbursement of all attorney fees expended because of her action.
You raise some serious issues; this isn't time for self action; it's time to get the authorities and legal counsel you trust involved to stop this travesty.
I also think there's a history of friction in this family, and there's a lot of backstory that hasn't been addressed which may influence your husband's situation. From reading about these intrafamily battles, I'm wondering if in fact a court appointed guardian and conservator wouldn't be better for your husband all around.
But I think it's appropriate to share why and how all these fraudulent actions have taken place, as I can't help wondering who was standing up for your husband while this abuse was going on. And why is his daughter so intent on hostility and exploitation of him?
Having just read your profile stating that your husband has Alzheimers/dementia, there definitely are some facts that are missing from this scenario. When was he diagnosed?