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

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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

Answers:

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

973-562-0100


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