In the case of Pace vs. Steele the Judge acknowledged the burden of proof lies on the beneficiaries to disprove the claim that the that the testator lacked the mental capacity. The court acknowledged Kathy's claims of Dr. Vellozo claiming that Ralph suffered from dementia and that the nurses indicated that Ralph had mild difficulty with appropriate decision making. The notes also indicated that Ralph had intense pain and was given hydrocodone. The court identified that Dr. Vellozo contradicted his certification of dementia by specifically indicating in other medical records that there was no dementia diagnosis. The court also identified that although the nurses' notes indicated Ralph was in pain and had mild difficulty making decisions, witnesses said that Ralph did not appear to be in pain and that he seemed alert and attentive. This led the court to affirm the ruling of the trial court.

I believe courts have a responsibility to protect the elderly's wishes. This means that the courts will have to spend extra resources to reexamine cases to ensure no from fraud or undue influence was committed.

need a rely to this discussion post.