Question #74: ANNULMENT: My brother suffered 8 strokes in four days. His named “proxy” did not according to his wishes take him off of life support. 36 hours after the Doctor recommended discontinuing life support he started to breath somewhat on his own. His lungs were so damaged they then had to do a “trach” The Dr’s prognosis then became my brothers reality. Since Aug 25th he cannot speak, swallow, chew, or smile. He is blind in his right eye & almost totally blind in his left. He is fed through a tube in his side, has a foley cathater, his diapers changed like a baby. Those who cannot swallow have to be suctioned 24/7 because saliva & mucous build up quickly.His trach also has continuos oxygen. He was in the hospital from Aug 24th to Nov 22 & then went a skilled nursing facility where remains as I write this narrative. On Dec 6th this girlfriend took a JP to Deaconess nursing home & married my brother. 36 hours prior to this the attending physician gave an evaluation of my brothers condition. They felt that not only was he so physically compromised & would not improve, that he was also mentally compromised – they felt he was getting confused – he nodded “yes” when he really meant “no”. This meeting was attended by the “proxy”, my mother, brother, My ailing brothers dauther, her husband, the attending physician, nursing coordinater, & social worker. My brother also gets pain medication every four hours. My question is – due to his physical & mental condition & also the pain medication would that marriage be considered valid?. If it is valid can it be annulled?. This “proxy” is evil, has done nothing to benefit my brother & continues to subject him to what she wants. His suffering cannot be described & our family is devastaded. He never wanted to live like his father did after his stroked – our father had a great amount of quality in his last 4 1/2 years – my brother has none. Please help !

From the information that you provide, it sounds like you have an excellent chance to have this marriage annulled. It could very well be that the document was not prepared properly and the marriage was not legal in the first place. I would have to review the actual filing and check the county clerk’s office in order to be sure. If in fact your brother was not of sound mind and was not legally capable of consenting to the marriage, the marriage can be annulled.
If you are living in the New York City metropolitan area , please call May at 212-370-1660 to discuss the matter at greater length .

Leonard M. Weiner, Esq./Divorce Solutions