Is is possible for an adult child to file for divorce for his mentally incompetent parent?

The mother has been under his constant care for 2 years and is recovering well from a ruptured aneurysm. However the husband has recently flexed his muscle and commanded to take over her care and decisions. By his own admission, has “given up” and seeks to put her in a very low standard home that offers no therapy and minimal attention. Bottom line, he wants her social security check, he doesn’t care what happens to her. Is there any way her son can divorce on her behalf, for neglect perhaps?

Asked on September 23, 2012 under Family Law, Pennsylvania


Brad Micklin / The Micklin Law Group

Answered 8 years ago | Contributor

Yes but that is not, exactly, what you or she needs. Even after a divorce, she is suseptible to abuse and control from her ex-husband and others. She needs a guardian appointed by the court to manage her personal and financial affairs. 

Brad Micklin, Esq.
The Micklin Law Group


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.