Results 1 to 2 of 2
  1. #1
    Join Date
    Feb 2005
    Ft. Lauderdale FL

    Default Divorce of a Disabled Person

    My mother is currently in AL with her current husband. She is 51 and has advanced Parkinson’s disease and can no longer care for herself. He no longer wants to take on the financial obligations of a disabled spouse and wants to dump her on my doorstep empty handed after 13 years of marriage.

    I live in FL and have no problem assuming responsibility. However, she will need to be qualified for Medicaid and disability, which both take 90-120 days down here. In the meantime she needs in-home healthcare, which is pretty damn expensive to pay out of pocket. My quandary is 1) how do I go about taking legal charge and getting a settlement out of him and 2) how do I do it so that the money she gets doesn’t disqualify her for disability and Medicaid. I am also not sure what I can and can’t do regarding taking money out of the bank accounts and filing before I get up there to get her. I want to take him by complete surprise so that what funds are there are not missing when I get up to get her. Can I do all of this with a simple “Full Power of Attorney,” “Medical Power of Attorney,” “General Durable Power of Attorney,” and a “Living Will”?

    Thanks for your help!


  2. #2
    Join Date
    Sep 2004

    Default Divorce of Disabled Spouse

    This doesn't sound like a "do-it-yourself" project.

    I suggest you consult with a lawyer in Alabama about the possibility and appropriateness of having a guardian or conservator appointed for your mother, to engage in necessary Medicaid and disability planning for her, and to oversee the marital estate in the event of divorce. Your mother should be permitted to participate in decisions affecting her welfare to the extent of her ability, but with her presumably substantial physical disability it sounds like she would very much benefit from the assistance.

    At a bare minimum, speak with an attorney in your state who handles disability and Medicaid planning issues. You can probably get a referral through a state or local group that advocates for the rights of the disabled.

    1. Sponsored Links

Similar Threads

  1. Divorce: Divorce of a Disabled Person
    By sunshinenspike in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 03-29-2011, 06:06 AM
  2. Towing: Towing Discrimination Against Disabled Person
    By Laterdaze in forum Moving Violations, Parking and Traffic Tickets
    Replies: 9
    Last Post: 09-30-2010, 12:32 AM
  3. Parking Tickets: Handicap Ticket with Disabled Person in Car
    By Chris_rivera86 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 09-01-2010, 09:39 PM
  4. Divorce: Divorce of a Disabled Person
    By wildblue in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 07-17-2007, 07:31 PM
  5. Disability Benefits: SSI and getting married to an non-disabled person.
    By trevorlay in forum Social Security Law
    Replies: 3
    Last Post: 07-15-2006, 12:30 AM
Sponsored Links

Legal Help, Information and Resources

Forum Sponsor
Divorce Lawyer
Facing divorce? Get a free consultation with a local divorce attorney.