Ask Me Help Desk - Divorce and property forfeiture signature while institutionalized

My brother was temporarily institutionalized, several times, over several years, for bipolar disorder. During these hospitalizations, he was severely depressed and had undergone many ECT (shock) treatments. During one or more of these hospitalization stays, his now ex wife had him sign paperwork 1.) to forfeit ALL of his property and their joint property into her name only, and 2.) then sign a divorce whereas he was offerred no portion of any assets (monetary or property) or child custody agreement.

It is unknown if she had power of attorney, and if so, if that might have been signed under duress. As far as I can recall she had her lawyer come to the hospital for what was believed to be the property forfeiture, however the attorney was representing only her. My brother's only representation was myself and his psychiatrist who agreed with my objection to the exercise; I also verbalized my desire that he have a lawyer as well. She talked him out of this and he signed paperwork anyway. A notary was not present at this meeting.

My brother was finally released from hospital with a good bill of health several months later after many in and out stays. He moved back into the home for about two years understanding that he was divorced with no property, but was given the justification that the divorce and forfeiture was to release her from all liability of hospital bills he might continue to incur, and that no one could take his property. Eventually he discovered that his ex wife had also performed crimes, (forgery of property deed and major outstanding debts) while he was sick.

When her activities were brought to her attention, (my father filed a civil suit against her for forging one of his property deeds into her name) she accused my brother of the forgery, and had a PFA filed against him. He had to leave the home with NOTHING. He was able to recover some of his property through My father's case is awaiting a court date.

This is all a huge mess, with children involved. What type of lawyer should my brother hire? Is there a statute of Limitations in this instance? Might the hospital(s) or physicians bear any of the responsibility for his losses and suffering?

Quote:

Originally Posted by shappyzone

My brother was temporarily institutionalized, several times, over several years, for bipolar disorder. During these hospitalizations, he was severly depressed and had undergone many ECT (shock) treatments. During one or more of these hospitalization stays, his now ex wife had him sign paperwork 1.) to forfeit ALL of his property and their joint property into her name only, and 2.) then sign a divorce whereas he was offerred no portion of any assets (monetary or property) or child custody agreement.

It is unknown if she had power of attorney, and if so, if that might have been signed under duress. As far as I can recall she had her lawyer come to the hospital for what was believed to be the property forfeiture, however the attorney was representing only her. My brother's only representation was myself and his psychiatrist who agreed with my objection to the exercise; I also verbalized my desire that he have a lawyer as well. She talked him out of this and he signed paperwork anyway. A notary was not present at this meeting.

My brother was finally released from hospital with a good bill of health several months later after many in and out stays. He moved back into the home for about two years understanding that he was divorced with no property, but was given the justification that the divorce and forfeiture was to release her from all liability of hospital bills he might continue to incur, and that no one could take his property. Eventually he discovered that his ex wife had also performed crimes, (forgery of property deed and major outstanding debts) while he was sick.

When her activities were brought to her attention, (my father filed a civil suit against her for forging one of his property deeds into her name) she accused my brother of the forgery, and had a PFA filed against him. He had to leave the home with NOTHING. He was able to recover some of his property through My father's case is awaiting a court date.

This is all a huge mess, with children involved. What type of lawyer should my brother hire? Is there a statute of Limitations in this instance? Might the hospital(s) or physicians bear any of the responsibility for his losses and suffering?

A lot will depend on the State you are in, including the Statute. It would be my opinion that you could sue the hospital/physicians but it sounds like they made a determination some time ago that your brother was legally competent to sign papers and in fact may have witnessed the signing.

Her defense is going to be protecting their marital home (you said there are children involved) from bill collectors and, depending on his symptoms, protecting martial assets in general. Signing assets to the spouse is not terribly uncommon when mental illness - or, for that matter, physical illness - is involved. Keep in mind that if you do get all of this reversed and if her sole ownership of assets is reversed the marital assets could be used to pay his hospital bills.

Did your brother admit himself or was there a commitment order?

Bipolar disorder on its own does not make him mentally incompetent. (I was not aware that ECT was used as a treatment for bipolar and thought it was used for depression and schizophrenia.)

If the interest is criminal charges against the wife, you need a good criminal Attorney; if this is part of the divorce you need a good Family Law Attorney.

Pennsylvania

Perhaps the doctors and hospital did make the determination of competency, that I don't know. However, the psychiatrist did agree with my uneasiness with the process that was being undertaken and no lawyer was representing him.

My brother admitted himself to the hospital which is a standard healthcare facility in Bethlehem with a Behavioral Health Unit. At one point, however, he did agree to 90 days at a state facility - we were told by his wife because his healthcare benefits ran out. His psychiatrist signed an order and he was sent. We believe it was while he was in the state facility when the divorce took place. He is now on social security with Medicare (I believe). His children receive benefits as well.

During this time he had deep depression primarily, with fewer and fewer manic episodes. He was prescribed many combinations of medication, however nothing worked. ECT was then used in combination with meds (I believe over 30 ECT treatments in probably 2 years time). This helped somewhat, however, depression was still an issue.

He states that he does not wish for the divorce to be reversed, he does however believe that her acts were done maliciously (perhaps part of the disease, I do not know). About a year after my brother was forced to leave the residence, she was arrested for having drugs in the home with intent to sell and an illegal gun was found in the 16 year old boys room, however the charges were dropped when the police officer did not show up for the hearing. The hearing was in November, and the charges were never refiled, perhaps she is cooperating with police. It is also understood that she is being investigated by her former employer for theft - she was in sales - however that is hearsay. She admitted to forgery in front of several attorneys during negotiations in my father's suit, however, negotiations have been unsuccessful thus far and still awaiting court.

My brother's PFA and father's civil lawsuit are represented by separate attorneys, however my brother has not filed anything against his ex wife. Her credibility is beginning to be questioned by both attorneys, however the suits are being looked at as unrelated. My brother lacks the focus to understand all of the issues, and none of us understand the law enough to help. I do not even know what type of attorney he would need, as she would surely use his stay in the state hospital against him.

I think she saw an opportunity to get out of a situation, and along the way she took all she could along with her. I also believe that her ability thus far to be able to get away with so much has given rise to a very arrogant attitude that she is able to get away with much more.

I don't think that my brother was treated fairly by her, her attorney, or the hospital. What type of attorney would you advise.

It appears your brother is not interested in upsetting the divorce. He will need someone familiar with criminal law -

Thank you for your assistance. Do you believe it would be worthwhile for him to look into any liability against the healtchare facility and/or providers?

Quote:

Originally Posted by shappyzone

Thank you for your assistance. Do you believe it would be worthwhile for him to look into any liability against the healtchare facility and/or providers?

I'd ask the Attorney - my concern is that the hospital/Doctor was aware that legal papers were going to be signed and didn't state that your brother was either incapable of understanding or incompetent at that time. Of course, aside from the expense (and this could get costly) you could always investigate and then make that determination.

An Attorney will know the Law in your area - it would be great if you could find an Attorney who specializes in mental health issues but they are few and far between. Perhaps your local Bar Association could help you locate someone. That would be a good start.

After reading over our conversation again, I realize that I left out one of the most important details. The home in which my brother and ex-wife lived, was originally deeded in my father's name. I am unclear, however, as to how the first mortgage read, but I know her name was not on it.

The deed was illegally changed into "her name only" sometime during my brother's illness. My father's name was removed from the deed without his knowledge or signature (this is the forgery suit my father has against her). We believe that the reason that she did the forgery was because she repeatedly asked my father to co-sign for home equity loans, but he refused due to my brother's state of mental health. At any rate, the deed was illegally transferred; afterward was when the refinancing(s) and home equity debts began to incur on the home.

There was no joint marital home asset.

We will try to locate an attorney through the local bar association, thank you.

Quote:

Originally Posted by shappyzone

After reading over our conversation again, I realize that I left out one of the most important details. The home in which my brother and ex-wife lived, was originally deeded in my father's name. I am unclear, however, as to how the first mortgage read, but I know her name was not on it.

The deed was illegally changed into "her name only" sometime during my brother's illness. My father's name was removed from the deed without his knowledge or signature (this is the forgery suit my father has against her). We believe that the reason that she did the forgery was because she repeatedly asked my father to co-sign for home equity loans, but he refused due to my brother's state of mental health. At any rate, the deed was illegally transferred; afterward was when the refinancing(s) and home equity debts began to incur on the home.

There was no joint marital home asset.

We will try to locate an attorney through the local bar association, thank you.

This is not a "spread the cheer" board but it's a good thing you and your father are watching over your brother and his financial and medical affairs - hard position, indeed, for the family.

Your father certainly has an action against her - no question there.

When the dust settles, come back and let us know how it worked out, okay?

In the meantime has anyone given any thought to a conservatorship over your brother's affairs - just in case he decides to reconcile with his wife/ex-wife and it's not in his best interest. It would keep her out of his finances.