Wani Bielinski, 86, and Herbert Woodward II, 88, are at the center of a court case that could end their two-year marriage. Photo: John Gastaldo / Union-Tribune.
But Herbert Woodward II and Wani Bielinski aren't your typical love-struck couple. The octogenarians, who live in an elder-care facility in Oceanside, are at the center of a legal battle that could end their two-year union.
Woodward, 88, is under the care of both a conservator and a court-appointed legal guardian who contend that he suffers from dementia. At issue is whether Woodward was able to make sound judgments when he eloped, and whether his bride is now entitled to the family trust.
Members of Bielinski's family say the 86-year-old widow has no designs on her husband's money. They say she too suffers from mild dementia and simply wants to spend the rest of her life with the man she calls “Woody.”
“I don't think dementia affects love,” said Bill Berwin, Bielinski's son, who lives in San Diego. “These are deep emotions.”
A trial to determine whether the marriage should be annulled is scheduled for Thursday in Vista Superior Court.
However, an attorney representing Woodward said his client is unable to control his desires or understand the consequences of his actions.
“I don't want to do anything to prevent Mr. Woodward from enjoying his life with this woman,” attorney Richard Hyatt said. “This is about protecting Mr. Woodward from being taken advantage of.”
Bielinski's son said the couple met two years ago at an independent-living facility in Carlsbad, where Woodward – who had been divorced for many years – was a resident. The two bonded almost instantly.
“I met him there the first day,” said Bielinski, who answered a few questions during a recent interview. “I thought he was wonderful.”
The couple wanted to marry but one of Woodward's sons objected. When the son was out of town, they had a friend drive them to the Vista courthouse, where they married on Aug. 24, 2006, her family said.
In September, a judge authorized Woodward's guardian to move him to a more secure elder-care facility and Bielinski moved as well. According to court documents, Woodward had begun to wander, and his “behavior was increasingly putting him at risk.”
At one point, he removed a screen and leaned out of a second-story window, the documents say.
Hyatt said Woodward and his son contacted him about a month after the marriage. He said Woodward wanted to annul the marriage at the time, but has since claimed otherwise.
“He loves her and he wants to stay married to her, that's not the surprise,” Hyatt said. “The test is what was his mental status and the effect of his dementia in August 2006. That's all that matters.
“What his intention is now is irrelevant.”
Hyatt said a doctor will testify that Woodward suffered from severe dementia at least 14 months before the wedding. He made several proposals to nurses at the facility in Carlsbad, and began living with Bielinski within days of their meeting.
Given this information, the guardian determined that an annulment would be in Woodward's best interest, the attorney said.
“Nobody wants to deprive them of any sort of happiness, but he was clearly demented,” Hyatt said.
Bielinski's daughter, Cassi Zarkyka Whiting of London, said her mother has had no spousal support during the marriage, and her family has no plans to change that.
“It's very important to them to be married, and I think they should be married if they want to be,” Whiting said.
Hyatt said such promises aren't legally binding. Both sides were once amenable to the idea of a post-nuptial agreement, but efforts to finalize one failed.
Now, the future of the marriage is up to the courts.
Bielinski, who suffers from short-term memory loss, said she wants to stay married because she loves her husband. She spoke about some of the conflict between the two families, but it was unclear how much she understood.
But when asked to describe meeting Woodward, her words were clear.
“I was just attracted to him,” said Bielinski, who added that she and her husband love to dance. “It happens, and it happened to me.”
Dana Littlefield
dana.littlefield@uniontrib.com
© Copyright 1995-2008 Union-Tribune Publishing Co.
September 2, 2008
USA: Octogenarian love story may unravel in court
.
SAN DIEGO, California (Union-Tribune), September 2, 2008:
By Dana Littlefield
Union-Tribune Staff Writer
It could be the stuff of classic literature, or at least a popcorn matinee. A couple meets, falls in love and runs off to get married – throwing caution, and the misgivings of family, to the wind.
Wani Bielinski, 86, and Herbert Woodward II, 88, are at the center of a court case that could end their two-year marriage. Photo: John Gastaldo / Union-Tribune.
But Herbert Woodward II and Wani Bielinski aren't your typical love-struck couple. The octogenarians, who live in an elder-care facility in Oceanside, are at the center of a legal battle that could end their two-year union.
Woodward, 88, is under the care of both a conservator and a court-appointed legal guardian who contend that he suffers from dementia. At issue is whether Woodward was able to make sound judgments when he eloped, and whether his bride is now entitled to the family trust.
Members of Bielinski's family say the 86-year-old widow has no designs on her husband's money. They say she too suffers from mild dementia and simply wants to spend the rest of her life with the man she calls “Woody.”
“I don't think dementia affects love,” said Bill Berwin, Bielinski's son, who lives in San Diego. “These are deep emotions.”
A trial to determine whether the marriage should be annulled is scheduled for Thursday in Vista Superior Court.
However, an attorney representing Woodward said his client is unable to control his desires or understand the consequences of his actions.
“I don't want to do anything to prevent Mr. Woodward from enjoying his life with this woman,” attorney Richard Hyatt said. “This is about protecting Mr. Woodward from being taken advantage of.”
Bielinski's son said the couple met two years ago at an independent-living facility in Carlsbad, where Woodward – who had been divorced for many years – was a resident. The two bonded almost instantly.
“I met him there the first day,” said Bielinski, who answered a few questions during a recent interview. “I thought he was wonderful.”
The couple wanted to marry but one of Woodward's sons objected. When the son was out of town, they had a friend drive them to the Vista courthouse, where they married on Aug. 24, 2006, her family said.
In September, a judge authorized Woodward's guardian to move him to a more secure elder-care facility and Bielinski moved as well. According to court documents, Woodward had begun to wander, and his “behavior was increasingly putting him at risk.”
At one point, he removed a screen and leaned out of a second-story window, the documents say.
Hyatt said Woodward and his son contacted him about a month after the marriage. He said Woodward wanted to annul the marriage at the time, but has since claimed otherwise.
“He loves her and he wants to stay married to her, that's not the surprise,” Hyatt said. “The test is what was his mental status and the effect of his dementia in August 2006. That's all that matters.
“What his intention is now is irrelevant.”
Hyatt said a doctor will testify that Woodward suffered from severe dementia at least 14 months before the wedding. He made several proposals to nurses at the facility in Carlsbad, and began living with Bielinski within days of their meeting.
Given this information, the guardian determined that an annulment would be in Woodward's best interest, the attorney said.
“Nobody wants to deprive them of any sort of happiness, but he was clearly demented,” Hyatt said.
Bielinski's daughter, Cassi Zarkyka Whiting of London, said her mother has had no spousal support during the marriage, and her family has no plans to change that.
“It's very important to them to be married, and I think they should be married if they want to be,” Whiting said.
Hyatt said such promises aren't legally binding. Both sides were once amenable to the idea of a post-nuptial agreement, but efforts to finalize one failed.
Now, the future of the marriage is up to the courts.
Bielinski, who suffers from short-term memory loss, said she wants to stay married because she loves her husband. She spoke about some of the conflict between the two families, but it was unclear how much she understood.
But when asked to describe meeting Woodward, her words were clear.
“I was just attracted to him,” said Bielinski, who added that she and her husband love to dance. “It happens, and it happened to me.”
Dana Littlefield
dana.littlefield@uniontrib.com
© Copyright 1995-2008 Union-Tribune Publishing Co.
Wani Bielinski, 86, and Herbert Woodward II, 88, are at the center of a court case that could end their two-year marriage. Photo: John Gastaldo / Union-Tribune.
But Herbert Woodward II and Wani Bielinski aren't your typical love-struck couple. The octogenarians, who live in an elder-care facility in Oceanside, are at the center of a legal battle that could end their two-year union.
Woodward, 88, is under the care of both a conservator and a court-appointed legal guardian who contend that he suffers from dementia. At issue is whether Woodward was able to make sound judgments when he eloped, and whether his bride is now entitled to the family trust.
Members of Bielinski's family say the 86-year-old widow has no designs on her husband's money. They say she too suffers from mild dementia and simply wants to spend the rest of her life with the man she calls “Woody.”
“I don't think dementia affects love,” said Bill Berwin, Bielinski's son, who lives in San Diego. “These are deep emotions.”
A trial to determine whether the marriage should be annulled is scheduled for Thursday in Vista Superior Court.
However, an attorney representing Woodward said his client is unable to control his desires or understand the consequences of his actions.
“I don't want to do anything to prevent Mr. Woodward from enjoying his life with this woman,” attorney Richard Hyatt said. “This is about protecting Mr. Woodward from being taken advantage of.”
Bielinski's son said the couple met two years ago at an independent-living facility in Carlsbad, where Woodward – who had been divorced for many years – was a resident. The two bonded almost instantly.
“I met him there the first day,” said Bielinski, who answered a few questions during a recent interview. “I thought he was wonderful.”
The couple wanted to marry but one of Woodward's sons objected. When the son was out of town, they had a friend drive them to the Vista courthouse, where they married on Aug. 24, 2006, her family said.
In September, a judge authorized Woodward's guardian to move him to a more secure elder-care facility and Bielinski moved as well. According to court documents, Woodward had begun to wander, and his “behavior was increasingly putting him at risk.”
At one point, he removed a screen and leaned out of a second-story window, the documents say.
Hyatt said Woodward and his son contacted him about a month after the marriage. He said Woodward wanted to annul the marriage at the time, but has since claimed otherwise.
“He loves her and he wants to stay married to her, that's not the surprise,” Hyatt said. “The test is what was his mental status and the effect of his dementia in August 2006. That's all that matters.
“What his intention is now is irrelevant.”
Hyatt said a doctor will testify that Woodward suffered from severe dementia at least 14 months before the wedding. He made several proposals to nurses at the facility in Carlsbad, and began living with Bielinski within days of their meeting.
Given this information, the guardian determined that an annulment would be in Woodward's best interest, the attorney said.
“Nobody wants to deprive them of any sort of happiness, but he was clearly demented,” Hyatt said.
Bielinski's daughter, Cassi Zarkyka Whiting of London, said her mother has had no spousal support during the marriage, and her family has no plans to change that.
“It's very important to them to be married, and I think they should be married if they want to be,” Whiting said.
Hyatt said such promises aren't legally binding. Both sides were once amenable to the idea of a post-nuptial agreement, but efforts to finalize one failed.
Now, the future of the marriage is up to the courts.
Bielinski, who suffers from short-term memory loss, said she wants to stay married because she loves her husband. She spoke about some of the conflict between the two families, but it was unclear how much she understood.
But when asked to describe meeting Woodward, her words were clear.
“I was just attracted to him,” said Bielinski, who added that she and her husband love to dance. “It happens, and it happened to me.”
Dana Littlefield
dana.littlefield@uniontrib.com
© Copyright 1995-2008 Union-Tribune Publishing Co.
