Mills v. Mills

The issue on appeal is whether the trial court properly granted a motion for involuntary dismissal of an incapacity proceeding. Appellant H. Lee Mills filed a petition to determine the capacity of his mother, Appellee Helen M. Mills,1 in order to potentially challenge certain changes that were made to his parents’ estate planning documents by other family members. In his petition, Mr. Mills described his mother’s mental and physical health as “declining” and stated that “[h]er memory is failing and she exhibits confusion, irrationality and fabrication in her behavior.” During his…