Summary
In South Carolina, both spouses have rights to marital property, requiring mutual consent for sale. Children can obtain power of attorney for an incapacitated parent, even if the parents are married, by demonstrating incapacity. The husband may not evict adult children from a jointly owned home without legal proceedings. Power of attorney does not automatically allow filing for divorce; a court-appointed guardian might have that authority. Marital status should not prevent obtaining health insurance; options include Medicaid, Medicare, or marketplace plans. Owning property does not automatically disqualify someone from Medicaid; eligibility depends on income, assets, and program requirements. Consulting a family law attorney and healthcare navigator is advisable for personalized guidance.Full Conversation
If a couple has been seperated for a couple of years. The husband moved out of state and got with someone else. The wife ended up having a brain aneurysm a couple of months ago, so shes still in hospital. The wife doesnt have insurance. The husband doesnt want any part of anything, basically doesnt care. They have a home together hes wanting to sell it while shes in the hospital. They have * kids which are young adults and have no clue to what to do and the dad wont help with anything. Then he brings his nerw girlfriend to what use to be their home. What can be done?
Hey ****, I'm really sorry to hear about this difficult situation. Here's some general legal information that might help:
- In North Carolina, both spouses have property rights to marital assets, including the home.
- Selling the home typically requires consent from both parties unless otherwise legally specified.
- You may want to seek a legal guardian or power of attorney for the wife due to her medical condition.
- Consider consulting a family law attorney for guidance on property and guardianship matters.
Do you need help finding legal resources or professionals in your area?
This is in South carolina
Thanks for the update, ****. While laws can vary slightly between states, some general principles may still apply:
- In South Carolina, both spouses typically have rights to marital property, including the home.
- Selling marital property usually requires mutual consent from both parties.
- Given your wife's medical condition, exploring options like guardianship or power of attorney could be beneficial.
Would you like assistance finding local legal professionals who can help with these issues?
Can the kids get power of attorney over her even tho their still married?
Case Rating: *
In South Carolina, children can potentially obtain a power of attorney over a parent even if the parents are still married, if the parent is incapacitated and unable to make decisions. They may need to demonstrate the parent's incapacity and the need for a guardian or power of attorney. Would you like more information on how to proceed with this process?
yes please
Case Rating: *
In South Carolina, obtaining a power of attorney for an incapacitated parent involves demonstrating the parent's incapacity and the children's ability to manage their affairs. This often requires medical documentation and possibly court approval. Consulting a family law attorney can provide guidance on the necessary steps.
The kids still live at home and their keeping the home up, can he just kick them out?
Case Rating: *
In South Carolina, if the children are young adults and the home is considered marital property, the husband may not have the right to evict them without legal proceedings, especially if the property is jointly owned. Seeking legal advice on possession rights and eviction processes might be beneficial.
If they get power of attorney over the mama, can they file for her divorce?
Case Rating: *
In South Carolina, having power of attorney does not automatically grant the ability to file for divorce on behalf of the incapacitated parent. However, if a guardian is appointed by the court, they might have the authority to make such decisions. Consulting a family law attorney for specific guidance is advisable.
Is it hard to get power of attorney over your parent if they are still married
Case Rating: *
It's generally possible for children to obtain power of attorney over a parent in South Carolina if the parent is incapacitated, regardless of marital status. The process may involve proving incapacity through medical documentation, and possibly court approval. Consulting a family law attorney can provide detailed guidance.
ok thank you
Case Rating: *
****'s situation involves complex family and property law issues in South Carolina. Given the medical condition and property rights involved, consulting a family law attorney could be beneficial. If you need further assistance or resources, feel free to reach out.
what can be done if the wife cant get any kind of insurance cause shes still married even tho their seperated
Case Rating: *
Hey ****! Here's some general information that might help:
- In South Carolina, marital status should not prevent someone from obtaining health insurance. She might explore options like Medicaid, Medicare, or marketplace insurance plans.
- Consult with a healthcare navigator or legal advisor for personalized assistance.
If you want more detailed guidance or resources, let me know!
can they get medicaid even if they own property
Case Rating: *
In South Carolina, owning property does not automatically disqualify someone from receiving Medicaid. Medicaid eligibility depends on various factors, including income, assets, and specific program requirements. It's advisable to consult with a Medicaid eligibility specialist or healthcare navigator for personalized assistance.
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