The wife, who managed all family finances, was diagnosed with a brain hemorrhage and has a poor prognosis. Her ongoing treatment has led to significant expenses, creating financial difficulty for the family as the husband cannot access funds.
Accessing the family's money has proven challenging. All bank accounts are in his wife's name, and he does not know the passwords. While some savings passbooks may exist, their location is unknown. The family cannot withdraw money because his wife is not conscious to sign documents. Additionally, the husband vaguely recalls his wife lent money to several individuals, but he lacks details on their identities, the amounts, or any related paperwork. He found a small amount of gold in the safe, but it is insufficient for medical costs, forcing him to borrow money and consider selling land.
However, selling the family's jointly owned land presents another hurdle. Legal transfer requires both spouses' signatures, which is impossible given his wife's comatose state.
Facing this complex situation, the family is distressed and seeks legal advice on the following matters:
1. How can the husband gain the right to manage and use his wife's bank accounts and assets to cover her medical treatment?
2. If he wants to sell joint assets but his wife is in a coma and cannot sign documents, what do the laws stipulate?
3. Can the husband represent his wife to demand repayment from those who borrowed money?
4. Based on this case, what legal mechanisms allow families to proactively prevent similar risks when a spouse loses the ability to perceive or control their actions?
Lawyer Dao Thi Bich Lien provides consultation.
Reader Huong Giang