Guardianships, Alzheimer's, and Love

"Judge must decide if it's love or Alzheimer's"

Now there's a catchy headline, to an article published here.  The story will sound familiar to attorneys and others working with the elderly.  Vic Varallo is 83 years old, and even his lawyers admit that he is suffering dementia, and is probably in the early stages of Alzheimer's disease.  A conservator (i.e. guardian) has been appointed to manage Mr. Varallo's affairs, but Mr. Varallo would really like to marry his 48-year-old fiancée, Sheila White.  Mr. Varallo's children object.

On the one hand, we have a valid concern about whether Mr. Varallo is competent to make his own decisions (especially considering that he transferred more than $1 million in property to Ms. White, which she later returned to Mr. Varallo's estate under a settlement agreement).  On the other hand, we have a respected man who has reached the last years of his life, and believes that he has found happiness.

I'm sure there are times when it's a lot of fun to be a judge.  This is probably not one of those times.