What can I do if my husband, who has dementia, goes to visit relatives in another state and they decide to not allow him to return home?

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What can I do if my husband, who has dementia, goes to visit relatives in another state and they decide to not allow him to return home?

My husband and I have been living apart but are still legally married. He just got on Medicaid and has medical appointments scheduled here to assess his mental status and treat him for chronic medical problems. However his relatives now refuse to allow him to return home.

Asked on April 20, 2012 under Family Law, Oregon

Answers:

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

Answered 8 years ago | Contributor

Becuase of your situation I would apply to the court to be his guardian or conservator as soon as you can.  Legally you probably still are as you are not divorced and spouses have "priority" under the law under most circumstances.  But having yourself appointed by the courts will give you the ability to force them to release him or you can bring suit against them. I would double check with an attorney in your area.  Good luck.


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