VISTA, Calif., Sept. 3 (UPI) -- The son of an 88-year-old man is trying to dissolve his father's marriage to an 86-year-old woman.

While a lawyer serving as guardian for Herbert Woodward II says the octogenarian has not been competent to enter any contract, marital or otherwise, the past two years, the children of Woodward's wife, Wani Bielinski, say the couple love each other and should remain together, the San Diego Union-Tribune reported Tuesday.


"I don't think dementia affects love," said Bill Berwin of San Diego, Bielinski's son. "These are deep emotions."

A judge in Vista Superior Court is to hear arguments Thursday.

Woodward and Bielinski met in an assisted-living facility in Carlsbad. Bielinski's family says they married at the courthouse in Vista in 2006 when one of Woodward's sons, who had objected to the wedding, was away.

Richard Hyatt, the lawyer, said his only concern is protecting Woodward, who now lives with his wife in a different facility.

"I don't want to do anything to prevent Mr. Woodward from enjoying his

life with this woman," Hyatt said. "This is about protecting Mr. Woodward from being taken advantage of."