Losh v. McKinley

Frances L. Losh (“Losh”) appeals the trial court’s order determining limited incapacity. We reverse and direct the trial court to restore Losh to her full capacity.

I. FACTUAL HISTORY

Losh is a ninety-three-year-old widow. She has one child, the appellee Carlin McKinley (“McKinley”), who lives in Washington State. In the fall of 2010, Losh fell at home and broke her tailbone. She believed that she had bruised her tailbone and did not think it was necessary to see her doctor. She continued her normal daily activities, but subsequently was hospitalized. Losh returned to her home in late December…