She had been diagnosed with dementia around 2yrs ago, Met a man who is a resident in the same living facility. She has only know him for 7 months.I along with my other siblings don't think she is capable of making this kind of decision but need to know what steps to take
Does your mother need someone to take care of her? Would this man be satisfied to be paid to play that role?
I don't think as POA you can stop her from getting married (at least in the US). POA does not give you authority over her person -- to determine where she lives, who she lives with, etc. It just authorizes you to look after her finances. But maybe if you make it clear to both of them that you will not allow the title to the house to change and the you will continue to manage her finances that will cool his ardor somewhat.
Has Mom known this man for many years, or is this a new friendship?
What does Brother think of this situation?
I think a great idea "fake wedding". But if shes still competent OMG so sorry you and if she is then get a pre-nup. Surely your lawyer can help you.
Sorry im in shock you just never think of these things happening. Let us know what happens!
Cant say i was in my right mind when i married hubby weve since divorced!!!
Like the idea of a pre-nup! I guess the question is are they both in a state of dementia? What about the man's family? What do they think? Who ever thought we'd all be dealing with these issues!
As for the certificate -- Michael's, or any other art supply store, or an office supply store like Staples, will sell pre-made certificates you can just fill in.
The only way I see those three factors not being a part of the equation is if one or both parties involved do not have the cognitive skills necessary to make a decision about marriage. And if that's the case, it would seem to me that guardianship is in order, rendering this a moot point.
My other question would be what kind of acceptance have you and your family shown to this man? Let's assume for a second that he genuinely cares about your mother and does not have nefarious motives. Recognizing their relationship -- e.g. referring to him as her "boyfriend," "suitor," or "partner" -- may provide your mother with the emotional validation she is hoping that a marriage would bring.
Address the financial to protect her interests.
She deserves to be happy, so a "fake" wedding might work out best.
If you are truly concerned about this and want to stop her, your first step would be to file a guardianship petition with the clerk of the court in the county in which your mother has residence. The process then involves getting depositions and testimony from people who are able to tell the court about her condition. This would include physicians, caregivers, family members, and professional advisors. Your mother -- or her attorney -- has the right to cross-examine these individuals. The court may also appoint a guardian ad litegem to represent the court before the court (if that makes sense).
Depending on the state you live in, the guardianship process could take anywhere from 3 months to 1 year. If thisis something that is happening quickly, you would want to apply for a temporary, emergency guardianship.
Get help and heed the details.
--Michael Froman
Keep in touch, would like to know how this is solved.
Blessings,
Bridget