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My friend husband is in nursing home she is 45 he is 79 with 17 yr old child who gets ssi benefits she wants divorce

Dobbs Ferry, NY |

this will be uncontested, they have been separated for 12 yrs (not legally). Can nursing home persuade him in any way? are they his legal guardian?

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Attorney answers 2


The nursing home is not a legal guardian. A person at the home may be, if they have been properly appointed.


I am a NY lawyer. The nursing home would only become a legal guardian in a proceeding on notice to a spouse. However, since they were "seperated" for 12 years, if the the home petitioned for guardianship, it may not know about the spouse. If the spouse is doing this solely so she will not will be finacially liable, there are other ways of dealing with this issue. If she is doing this to move on with her life, etc., this is a different story. Only a person who is legally competent can sign the papers for an uncontested divorce. I only mention this becuase you inquired about persuading the person.

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