Contact: Dave Kirby |
18 W. Michigan Avenue |
Can This Marriage Be Saved?
By: Dave Kirby, Guardian Finance and Advocacy Services
Also published in the West Michigan Senior Times and the Battle Creek Shopper |
“I just got married!” These happy words would normally be greeted with congratulations all around and lots of best wishes.
For us, it meant red flags.
The new bride is a client of ours; we serve as her court appointed guardian. When someone is deemed by the court to need a guardian, they are considered to be legally incapacitated and are not able to enter into contracts. The state of Michigan recognizes marriage as a contract, thus the nuptials were void.
Try explaining that to a joyful new bride. That is what our attorney advised us we must do to fulfill our responsibility as a guardian.
“Lucy” is one of a thousand vulnerable adults that we serve in Kalamazoo and Calhoun Counties. She has a history of serious drug and alcohol abuse, some mental issues, she has been exploited by others and she had a few brushes with the law. This eventually led the court to declare that she needed a guardian to manage her life. Since her appointment with us we have seen steady improvements and she increasingly self-manages her life.
Whenever feasible, we advocate for clients live the life they want, and that includes the opportunity to share their life with another. But we must also follow the law.
As we and the court wrestle with Lucy’s status, the couple is living together as spouses. She and her “husband” seem to be happy. They were previously childhood friends and it just made sense to them to get married. We have gotten to know him and believe that he will contribute to her ability to manage her own life.
Our advocacy in this case was to petition the court to terminate Lucy's guardianship status. As such, she would be able to enter into contracts and a legal marriage, though she might need to get re-married to make it official.
The court decision is pending a psychological examination. We hope that she can move on with her life and the man with whom she wants to share it.
“Safeguarding At-Risk Adults,” Guardian Finance and Advocacy Services is a nonprofit with 46 years of trusted service to the people of Kalamazoo and Calhoun Counties. Their services range from helping seniors balance their checkbook to serving in court appointed roles.
Dave can be reached at dkirby@yourguardian.org. More information is available at www.yourguardian.org or tel. (866) 344-0688. Guardian is a United Way organization.