My father is married, placed in a nursing home in ND and has dementia. His wife filed for divorce. Should I be worried about the filial law?

Dad needs someone to protect his interest. How long were they married. Some states she Can't touch what he made before the marriage. Also, would a judge OK the divorce knowing she is probably trying to protect her part of the money. You said Dad has money then he isn't on Medicaid? They Can't come aft u if he is paying for his care and I don't think a judge would allow her everything knowing your Dad was in a NH. And how could ND law effect you in WA. If I was a judge I wouldn't grant the divorce. She married for better or worse, this is the worse.

Lawyer Is warning you that ND laws will come after you if you don’t WHAT?
Surely you received some advice for your money?

NYDaughterInLaw, The court will determine if the person with dementia is able to act in his own best interest, and if not, will appoint someone to represent him during the divorce proceedings.

Persons with dementia can legally sign certain documents if they demonstrate they understand them. Here is what an AC expert says about that: https://www.agingcare.com/articles/elder-cant-sign-will-trust-power-of-attorney-153521.htm

How can someone divorce a person diagnosed with Alzheimer's when that person cannot sign the divorce papers? Poster says there is money.

Lschla, yes your father's wife is responsible for his bills since they are not legally divorced. I see from your profile that your Dad has Alzheimer's/Dementia, therefore I assume he is unable to sign any divorce papers since he wouldn't be able to understand the documents.

I also assume since your Dad and his wife have no money, that Dad is being cared for through Medicaid. And that it is Medicaid who is paying for his room, board, and care in the Nursing Home. If yes, I cannot see any reason for Medicaid to come after you.

The type of Attorney you need to see if a "Elder Law Attorney", one who specializes in all things regarding the Elderly. Plus such Attorneys know the ins and outs of Medicaid. Go to the bottom of this page to the blue section... click on ELDER LAW ATTORNEYS... go the search for an Attorney mode, there should be a list of "Elder Law Attorneys".

I would consult another ND attorney. Dad should be paying the bill, not you. Does he have legal representation for the divorce? Mom may be doing this to try to protect assets. It won't work. Stop spending your own money.

My state also has filial laws. However, if the adult children are senior citizens themselves (65 +) , retired, fixed income, they generally don't go after them. Worth checking ND law if you're a senior.

I would expect his wife to have primary liability. However, Pennsylvania and North Dakota have filial laws that can make children liable for their parent's care. I'd hire an attorney.