Whats my moms rights?

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Whats my moms rights?

My parents have been married for over 20 years. My mother had a sever stroke 7
years ago. So sever she is now on disability. My father is a veteran. Who has
quite a bit of money and is in control of all everything. He bought a house away
from our home town and left my mother there. My 3 children and I live there with
her as she can not care for herself. She can’t drive, talk, etc. He comes up on
the weekends to maintain ‘control’ of everything. Not in a good way. He gives her
no access to her disability money let alone any other funds or property, that
legally by law of marriage, she should have access to. He will not take her to
her appointments. He doesn’t want to pay anything for at home care. And has said
‘just let her die’. I have spoke with her about divorcing him but we aren’t sure
her legal rights. Will she be left with nothing or does she have a winning
chance?

Asked on October 14, 2017 under Family Law, Kansas

Answers:

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

Answered 3 years ago | Contributor

Sorry!  Meant to give you this.  It is a guid to Guardainship in Kansas.  
http://www.ksgprog.org/Publications/Guide%20to%20KS%20Law.pdf
 

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

Answered 3 years ago | Contributor

Yes, your mother has a fighting chance and thankfully she has you there to help.  First, Kansas Courts have the power to divode all assets in which a husband and wife have an "interest" in even if the property or bank account is not in their name.  They divide it under the concept of "equitable division" which is too complicated to go in to here in this forum.  Her disability - is it SSDI? - may or may not be considered marital property.    Generally not, but sometimes case law finds that if it is co-mingled in joint accounts it becomes that.  Sounds like Dad has it in an account only he has access to. I understand that Mom can not talk but is her thinking at all impaired?  What I am asking is if you ask her a question is she able to understand and communicate with you in some way back?  Can she write or sign her name?  I think what you need to do is to obtain a Power of Attorney or Guardianship and Conservatorship of Mom and her funds so that you can open a bank account for her and have her disability funds deposited in to them.  This way you will be able to care for her and control the funds.  However, you need to speak with someone about this all.  Especially if a Guardian can file for divorce for her.  If her thinking is not impaired and you can prove that, seek help filing for divorce and opening a bank account for deposit of her funds.  Ask the court to allow her exclusive use and occupancy of the marital home, ask for temporary support for her from your Dad and legal fees from him.  Call your local bar association and ask for a referral or call legal aid and see if she qualifies due to her disability.  Good luck.


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