How can I protect assets from a mentally ill spouse?!
Question: Spouse has bi-polar illness and severe kidney disease. Has started showing signs of overspending. Is willing to sign what is needed in order to protect joint assets from himself.
Answers:
See an attorney to get guardianship of an adult or get power of attorney. Neither will actually stop his spending if he still has access to the accounts. Both only give you the power to make decisions for your husband. You can close any joint accounts and open one in your name only. If he still receives an income, you will want to make sure they are direct deposited directly into the new account. You can make a separate account for you and then also, once you have been made guardian over your husband, can open account for his income/bills, etc. titled Your Name as Guardian for Your husband's name.
Other Answers:
See an attorney - especially if you're in a community property state, don't rely on some run-of-the-mill template that can be contested in court. This kind of thing is usually done in a pre-nuptual agreement, but I'm sure that this is not the first time this kind of situation has arisen post-marriage.
put him in a home,but not yours
This depends on the country where they live. In the UK they can sign a affidavit assuming they are mentally competent at the time of signing. However I suspect if they use loans/ credit cards then both of you are still liable.
I'm not quite sure what the kidney disease has to do with it?
Half the battle is him agreeing. Get a durable power of attorney and good luck with everything.
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