McJunkin v. McJunkin

KELLY, Judge.

In March 2001, at the age of seventy-nine, J. Morgan McJunkin was deprived of his right to contract, to gift or dispose of property, to sue and defend lawsuits, to manage property, and to apply for government benefits when he was declared to be incapacitated. In October 2003, through counsel, he filed a Suggestion of Capacity. After an evidentiary healing, the trial court only partially restored Mr. McJun-kin’s rights. We reverse and direct the trial court on remand to enter an order of restoration of capacity which fully restores Mr. McJunkin’s rights.

The doctor the court…