elderly woman with dementia

As the baby boomers move into their golden years, gray divorces, or divorces in a person's elderly years, have skyrocketed. In these divorces, typically they are more complicated due to the number of assets usually involved, but what if one person is not as mentally competent as perhaps they should be for a divorce?

Dementia is a difficult disease, and yes, it is one that can shake even the strongest of foundations. Some may not be up to the task of caring for or dealing with a person that has dissolved so greatly in mental capacity that they no longer even recognize them. For this, a divorce is an option, but it likely won't be your more traditional divorce, but it does not need to be more complicated than usual.

In states that need a reason for divorce, typically diminished mental capacity can be used. In states that don't need a reason for divorce, mental capacity doesn't really matter. However, what will likely need to happen is that the spouse with dementia will need to have a guardian appointed by the court to represent their interests in the matter.

Of course, guilt may play a major part in a divorce when one person has dementia, but it shouldn't. If they have become increasingly difficult to take care of, it can be increasingly stressful for the spouse that has to do it. For some, their golden years are the only time they can fully enjoy their life, and a partner with dementia can quickly end that.

If you are considering divorce of your spouse who has manifested advanced dementia, contact us today. We can help walk you through the process so both parties get what is fairly there without too much difficulty. Let the Law Office of Jamra & Jamra come to help you through this difficult situation.