[nicmarlo]

Reposting supercat's great suggestion here:

supercat: "I would like to see a statute make plain that a person cannot be guardian of a spouse against whom they have or are engaged in adultery."

PROPOSED WORDING:

An individual who is the SPOUSE of an incapacitated person for whom guardianship is sought SHALL NOT be appointed as guardian or temporary guardian of the incapacitated spouse if the individual seeking guardianship has been found, at any time during the marriage to said incapacitated spouse (whether or not incapacitated at the time), to have:

1. committed adultery against his/her incapacitated spouse; or

2. impregnated a woman not his wife while still married to the incapacitated spouse; or

3. fathered/birthed illegitimate offspring while married to the incapacitated spouse.

[Helix]

if the individual seeking guardianship has been found, at any time during the marriage to said incapacitated spouse

I can understand the desire for such a law, but I think this might be over-reaching. It would put couples who had trouble in their marriage, but were able to work it out, in the same category as someone like Mr.Schiavo. It might also unnecessarily leave many incapacitated persons as wards of the state, if they have no other family member who is able/willing to assume guardianship.

[trussell]

Also need to include provisions to have guardianship removed if said spouse engages in these activities after being appointed guardian.