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Jewish World Review
August 20, 2007
/ 6 Elul, 5767
Concerned about parent remarrying
By
Jan L. Warner & Jan Collins
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http://www.JewishWorldReview.com |
Q: After Mom died three years ago after 59 years of marriage to our father, we didn't think he was going to make it emotionally. He kept to himself and was despondent, and we begged him to get out of the house. It took nearly a year for him to start visiting with our families again. We breathed a collective sigh of relief that he was coming out of his shell.
Then, starting early this year, Dad became very secretive and had no time for any of us. He began dressing better and, when he did find time for us, we saw a man nearly 87 who thought he was 40. He finally admitted that he had met a 65-year-old widow and planned to marry her. We expressed our concern about him getting too serious too quickly and warned him that he might get taken advantage of financially and otherwise.
Now he won't talk much to any of us except to say, "Butt out! I am the parent, not you." Although we agree he is the parent, we still have our concerns. How can we slow this process down until he has had the chance to think it through? And if he goes through with it, how can we protect Dad's assets?
Q: Our mother took care of our father, who was diagnosed with dementia four years ago, until she died last year. During her rather short illness, her best friend (who has been divorced four times) moved back into town and spent most of her time at their home helping Mom and Dad. Little did we know that she had her eye on Dad as No. 5. They even held hands at Mom's wake and funeral.
As time went on and she began staying in the house with Dad, my brother and I tried to talk to her about the situation. That went nowhere. We then tried to talk to Dad's doctor, but he had revoked our permissions. We tracked down two of this woman's former husbands, who told us that she was a "money grubber." We are confident that she is trying to whisk Dad away and marry him despite his dementia and physical problems. We don't think he is in his right mind. Is there anything we can do to keep him from marrying her? If he does marry her, can we void the marriage because of his dementia?
A: Your questions are representative of those we receive from readers each month who express concern about the welfare of their widowed parents who "tie the knot" with a second or third spouse.
Generally speaking, if a man and woman are both free to contract marriage and have the legal capacity to enter into that contract, they will be legally married under the law of the state in which they marry. While each state has its own set of laws dealing with the prerequisites to marriage, generally speaking, so long as a man and woman understand the nature of the marriage contract and its effect and are not married to another, their marriage will probably be valid.
If, on the other hand, one of the participants to the contract is taking mind-altering medication or does not have enough capacity to understand the relationship, then there may not be a contract.
The problem in these types of situations is that, generally speaking, at the time of the marriage ceremony, there are few, if any, witnesses who will be able to report with any credibility about the capacity of the participants. This is especially true if the seniors decide to go to another county or even another state to get their marriage licenses and have the ceremony there with no friends or relatives present. In this situation, the judge or justice of the peace who marries them would be hard pressed to admit (even if true) that he or she allowed an incapacitated person to get married.
Taking the NextStep: While there is no pat answer for all who are hooked on the horns of this dilemma, we believe that concern about a parent should not always devolve into confrontations. All things being equal, those seniors who have found others to be with for the rest of their lives have that right, and there are ways in which assets can be preserved short of confrontations that strain or breach the relationship with parents.
Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.
JAN L. WARNER received his A.B. and J.D. degrees from the University of South Carolina and earned a Master of Legal Letters (L.L.M.) in Taxation from the Emory University School of Law in Atlanta, Georgia. He is a frequent lecturer at legal education and public information programs throughout the United States. His articles have been published in national and state legal publications. Jan Collins began co-authoring Flying SoloŽ in 1989. She has more than 27 years of experience as a journalist, writer, and editor. To comment or ask a question, please click here.
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