Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Friday, October 18, 2013

Capacity to Consent to Marriage

From the ABA Journal:

An Illinois man who suffered a brain injury during surgery in 2009 can’t marry his girlfriend of 38 years because he doesn’t have the capacity to consent, a Rockford judge has ruled.

Judge Lisa Fabiano says she has no doubt that John Morris would like to marry long-time girlfriend, Colette Purifoy, and no doubt that Purifoy is utterly devoted to the man, the Rockford Register Star reports. But state law requires the capacity to consent, and there is no provision allowing a guardian to consent on behalf of a ward, Fabiano ruled last week.

For the text of the full article, click here.


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