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Even with a POA or guardianship, certain requirements exist. An annulment is a highly specific thing, and there are certain burdens of proof to be met that, frankly, rarely exist.

The guardian would - acting on behalf of the comatose party - show that the marriage was void due to it having been a "shot gun wedding", or a marriage of siblings, or a bigamous marriage, or that it was never consumated and maybe one or two more things. It varies a bit depending on the state, but those are the main ones.

I believe a judge would also wish to know why this was being done, even if the marriage could be shown to be false. After all, the presumption is the comatose person wanted to be married, so who is the guardian to say otherwise?

An attorney should be consulted on this one.

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13y ago
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13y ago

No. A person cannot consent to marriage if they are in a coma. They do not have legal capacity: The mental ability to perceive, understand, and appreciate all relevant facts, to make a rational decision based thereon, and to understand the nature and effect of one's actions.

No. A person cannot consent to marriage if they are in a coma. They do not have legal capacity: The mental ability to perceive, understand, and appreciate all relevant facts, to make a rational decision based thereon, and to understand the nature and effect of one's actions.

No. A person cannot consent to marriage if they are in a coma. They do not have legal capacity: The mental ability to perceive, understand, and appreciate all relevant facts, to make a rational decision based thereon, and to understand the nature and effect of one's actions.

No. A person cannot consent to marriage if they are in a coma. They do not have legal capacity: The mental ability to perceive, understand, and appreciate all relevant facts, to make a rational decision based thereon, and to understand the nature and effect of one's actions.

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13y ago

No. A person cannot consent to marriage if they are in a coma. They do not have legal capacity: The mental ability to perceive, understand, and appreciate all relevant facts, to make a rational decision based thereon, and to understand the nature and effect of one's actions.

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13y ago

No. The patient is unable to consent to the marriage.

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Q: Can one marry a comatose patient?
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