Legal Question in Family Law in New Mexico

How can I supersede my stepmother's spousal rights to my elderly father who has dementia and that she abandoned?

Asked on 7/14/17, 11:20 am

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

It looks like there are 2 questions in your single sentence and then you left a zip code that corresponds to Tampa, Fl. Thus, first question is: where does your father live? If he lives in Tampa Florida you need to direct your question to a Florida attorney. Second question is: If your father lives in NM and you live in Florida then you should consult legal counsel in the town where your father lives. Third point: If your father lives in NM and his wife abandoned him in NM then you need to consult with an attorney in the town / area where he lives. If your father lives in NM there is a relatively easy process under the probate code to obtain guardianship (and also be appointed as conservator) for him under the probate code. You can also contact the state bar of NM and speak with the Legal Resources for the Elderly Program (1- 800-876-6657). LREP is a free legal helpline for New Mexico residents age 55 and older. LREP has no income restrictions and offers assistance in most civil legal matters. If a problem cannot be resolved through the helpline, referrals to private attorneys (pro bono, reduced-fee or full-fee basis) may be provided.

Hope this helps.

Good Luck

Law Guru

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Answered on 7/14/17, 12:51 pm

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