When courts base their determinations of competency on a preference for family control of assets, the property rights of older people are diminished. For elder law advocates to protect their clients' interest in controlling their own property, it is necessary to move the recognition of the family paradigm in guardianship and will contests beyond mere anecdote
Barnes, Alison McChrystal
"What Counsel for the Ward can Learn From Will Contests,"
Marquette Elder's Advisor:
3, Article 7.
Available at: http://scholarship.law.marquette.edu/elders/vol4/iss3/7