Can I file for my dad?

[CryBabyFritzie]

What is the name of your state?Indiana

Hi. I've been my fathers POA for around three years. He is 53 and he was a drug addict and OD'd and has some brain damage and has been living in a nursing home since the OD.

He is married, to my stepmother, who is also a drug addict. She went to prison shortly after my dad ODd and she was released in December. Together they have two minor children. She receives Social Security for the kids from my fathers SS.

She hasn't been to visit my dad in almost a year, she lives with another man in his home and wants to stay married to my father because she thinks when he dies she'll get his SS.

I want to know if I can file for a divorce on behalf of my father? Also, before he OD'd, he was planning on divorcing her.

 

[rmet4nzkx]

Who has custody of the children?
Do you have guardianship?
Grounds for Divorce: Indiana

LEGAL GROUNDS FOR DISSOLUTION OF MARRIAGE: No-Fault: Irretrievable breakdown of the marriage. [Annotated Indiana Code; Title 31, Article 15, Chapter 2-3].

General: (1) Impotence at the time of marriage; (2) conviction of a felony; and (3) incurable mental illness for 2 years. [Annotated Indiana Code; Title 31, Article 15, Chapter 2-3].

 

[CryBabyFritzie]

She has custody of the two children. While she was in prison I had guardianship of the youngest one...when she was released from prison I gave him back to her..I have three children of my own and unfortunately he(my 13 year old brother) was not a influence to have around my own children.

Also, I recieved a phone call just yesterday from the nursng home..apparently a prosecuting attorney was looking to speak to my father concerning child support. Now obviously he has no idea that my father is disabled. I've heard my stepmother has applied for welfare and seems she has left out important information like my fathers condition and the fact that she receives 2 social security checks a month for the children.

The bursing home is forwarding the papers on to me from the PA. He was asking for my name and number but the nursing home was not comfortable giving out that info.

Any help would be greatly appreciated. I just need to know if I could file for a divorce for my father being his POA.

Thank you greatly.

Dawn in Indiana

 

[rmet4nzkx]

If the step mom is committing welfare fraud it will catch up to her. There are a lot of variables, one on which is the custody of the children, I suggest that you look into a gurdian ad litem as you are not in a place to seek guardianship and what ever you do will affect the in some way. It sounds like they are pawns, also CPS. Their mother is rep. payee for the children if she is getting the checks from SSDI and possibly SSI and that should be reported to the welfand something you would discuss with the PA who is trying to contact your father.

Is the home in which she lives owned by your father prior to their marriage or from their marriage or a rental?

Are you rep. payee for your father's SSDI?

Do you have conservativatorship of your father? Is he competent enough to state his wishes?

You really need to contact an attorney specializing in elder and disability law.

 

[CryBabyFritzie]

Funny you mention about her being their childrens payee..which is true. But when she was in prison and I had my brother I was the payee..when she was released I contacted SS adn had them discontinue sending the checks to my house. About a month later they contacted me saying she was applying to be their payee and they needed my permission to switch.

I told them she was convicted on a felony and I remember reading on the papers I had to sign to become the payee that if you were convicted of a felony you could not be a payee..so I mentioned that and they were like..well, is there anyone else..adn I told them I didn't know..so they said..well I guess we'll just go with her.

See.. why even have rules??

As for her getting caught for welfare fraud..she's been doing it as long as I've known her (17 years) and nothing ever catches up it seems.

The house she lives in is a mans that she is seeing, she moved in with him right after her prison release. My father owns nothing.

The nursing home takes care of my fathers checks. They get all of them except for $50.00 per month that I have them apply to a savings which I've set up a funeral fund.

"conservativatorship of your father" I do not know what that means.

As for him being competent to state his wishes. At one time he was..A woman at the nursing home gave him some mental test and he passed, which is how I became POA. But now, he is declining in health..and Hospice has become involved. He doesn't talk anymore..and doesn't seem to recognize family.