Can a person who has been deemed legally incompetent marry without the legal guardian’s consent?

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Can a person who has been deemed legally incompetent marry without the legal guardian’s consent?

My father-in-law has a traumatic brain injury and has been legally
declared incompetent to make financial and medical decisions for
himself. Two months ago he married without his guardian’s knowledge
and now the new wife is changing his doctors, taking him off
medications that have been prescribed, adding herself to his bank
accounts, as well beneficiary of his life insurance policies. Again, all
this has been done without the guardian’s knowledge. Can this
marriage be annulled?

Asked on November 15, 2017 under Family Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

IF the guadianship is becuase he does not have the "capacity" to make decisions on his own, then he likely does not have the "capacity to contract" which is what a marriage is considered. I would speak with an attorney.  Good luck.


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