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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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15y ago

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