my dad married this woman...he was still married to my mom...he's undergoing chemotherapy, she has power to end his life if he's not coherant.....legally, if she signed with his last name, would it be valid......
2006-09-13 18:18:03 · 14 answers · asked by jeannie_w_32 1 in Family & Relationships ➔ Marriage & Divorce
There should be someone at the hospital that can answer this question for you but if he granted her that power then it doesn't even have to be a family member, you can grant power of attorney to anyone you want, if she is who he chose there isn't much you can do about it.
2006-09-13 18:21:06 · answer #1 · answered by dappersmom 6 · 0⤊ 0⤋
If he was still married to your mom and did not obtain a legal divorce, then he would legally still be married to your mom and not the new woman. In the US you are only allowed to be married to one person at a time, and any marriages aquired thereafter the first are null and void. In this case, your mom would have power over his estate as his legal wife. However, if your parents are legally divorced and he is legally remarried, then his current wife has control no matter what name she signs. Its all in the legalities of the proceeding events.
2006-09-14 01:22:59 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Seeing as he is still married to your mom, the new "wife" doesn't exist in the eyes of the law. It is not legal to be married to 2 people at the same time anywhere in the US. It would be a fight that you should probably start now before something happens to him. Your mother can challenge the issue as his "legal" wife.
2006-09-14 15:58:12 · answer #3 · answered by stacilynn26 3 · 0⤊ 0⤋
You are married to someone until legally divorced and guilty of polygamy if you marry someone else while still married to another individual. He needs a lawyer.
2006-09-14 01:21:07 · answer #4 · answered by Cub6265 6 · 0⤊ 0⤋
It would be better if yoy ask a lawyer. There are a lot of free online site that you can ask them for free legal advice. I dont think its binding though Unless they found a loophole.
2006-09-14 01:20:33 · answer #5 · answered by wittlewabbit 6 · 0⤊ 0⤋
I would guess that the name change is a separate legal event from the invalid marriage, so I'm guessing that her name is legal for her own contracts or documents.
It's the marriage that's illegal.
Guessing though.
2006-09-14 01:22:39 · answer #6 · answered by kickbutt 3 · 0⤊ 0⤋
no. she by law isnt legaley his wife and cant make that call call a lawer and he will tell you the same as i have she married a man who by law is still legal married and can get in big trouble this is law ?
2006-09-14 01:23:56 · answer #7 · answered by the_silverfoxx 7 · 0⤊ 0⤋
the marriage might be invalid since he was still married to your mom , the power of attorney might be another matter .. you need to consult an attorney and fast and the poa will expire when your father does.
2006-09-14 01:22:26 · answer #8 · answered by evilprincess 3 · 0⤊ 0⤋
Wow.... I dont know but I would call a lawyer right away. I'm sorry for what your going through. Sounds like alot.
If you need someone to talk to you can e-mail me.ok
2006-09-14 01:21:16 · answer #9 · answered by alyson1hill 3 · 0⤊ 0⤋
He's a bigamist and she has no spousal rights. Many states have specific statutes outlawing bigamy, making any secondary marriage a crime.
2006-09-14 01:22:56 · answer #10 · answered by Anonymous · 0⤊ 0⤋