Can a person who has been deemed legally incompetent marry without the legal guardian’s consent?

UPDATED: Oct 1, 2022

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Can a person who has been deemed legally incompetent marry without the legal guardian’s consent?

My father-in-law has a traumatic brain injury and has been legally
declared incompetent to make financial and medical decisions for
himself. Two months ago he married without his guardian’s knowledge
and now the new wife is changing his doctors, taking him off
medications that have been prescribed, adding herself to his bank
accounts, as well beneficiary of his life insurance policies. Again, all
this has been done without the guardian’s knowledge. Can this
marriage be annulled?

Asked on November 15, 2017 under Family Law, Michigan


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

Answered 5 years ago | Contributor

IF the guadianship is becuase he does not have the "capacity" to make decisions on his own, then he likely does not have the "capacity to contract" which is what a marriage is considered. I would speak with an attorney.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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