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Can I proceed with a divorce for my mother who had a stroke and cannot speak for herself from her new husband of 2 years?

Q: My mother wanted a divorce from her new husband and has stated that to me on a couple of different occasions he has also left voicemail messages on my wife's phone stating that my mother wanted a divorce and so does he, 3 weeks later my mother had a severe stroke and cannot make decisions or even complete a full sentence, he has since then been a tremendous strain on the Family, I am her health care proxy along with her POA, can I file a divorce on behalf of my mother? I live in New York



A: David's Answer: You would first need to be appointed her guardian by the Surrogate's Court. If so, then you'd be able to file for divorce on her behalf.

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