A guardian for an incapacitated adult may not file for divorce on his or her behalf according to a recent Indiana Court of Appeals Case, In Re the Marriage of Leora McGee v. Robert McGee. In McGee, the daughters of an incapacitated elderly man sought to divorce their father from his second wife of only three years and move him out of state so they could better care for him. The second wife objected to the daughters' desires and successfully thwarted the divorce. This finding once again emphasizes the need for folks to consider prenuptial agreements -- ESPECIALLY for second marriages later in life.