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22 n November/December 2010 By Joseph P. McMenamin, Dana G. Fitzsimons Jr., and Adam M. Damerow The Attack Incapacity Suit— A Self-Fulfilling Prophecy?n November/December 2010 23 A virulent new strain of incapaciit suits may be turning the traditional understanding of guardianship and conservatorship litigattio on its head. In these suits, childrre aggressively pursue declarations of incapacity against a parent to ensure the preservation or “fair” distribution of the parent’s assets. The...