In June 2008, a 74-year-old wife filed for divorce from her husband in the Jefferson County Circuit Court. In July 2008, the husband moved to dismiss the divorce action because the wife was incompetent. In October 2009, the husband filed a motion requesting an independent medical examination of his wife. Then on January 2010, the husband and his daughter filed a petition in the Jefferson County Probate Court seeking letters of guardianship and conservatorship for the wife. The divorce proceedings in circuit court were stayed, pending outcome of the probate court proceedings.
The probate court appointed a representative who interviewed the husband, wife, and their two children (a daughter and son). The court representative recommended a complete medical and psychological examination to determine whether the wife was in the early stages of Alzheimer's or dementia.
In March 2010, the probate court ordered a doctor to exam the wife. The doctor indicated that she suffered from some mild cognitive deficit and memory loss, but was not incapacitated. He deferred to two other doctors about whether she was able to handle her financial affairs. In April 2010, the wife's guardian at litem submitted a letter to the probate court denying the need for conservator or guardian. Another court representative indicated that the husband and daughter should not be appointed as guardians or conservators.
In August 2010, the probate court ordered another physical examination of the wife, which she refused to undergo on advice of counsel. The wife petitioned the probate court to set aside its order for the physical exam. In October 2010, the probate court ordered another physical exam by a different doctor.
At this point, the wife petitioned the circuit court to remove the proceedings from probate court to circuit court. In February 2011, the circuit court granted the wife's petition. The husband and daughter appealed to the Alabama Supreme Court, which reversed the circuit court's decision. The supreme court found that guardianship and conservatorship proceedings cannot be removed from probate court to circuit court until the probate court has made a decision about whether there should or not be a guardianship or conservatorship. See Ex parte Casey, decided on January 20, 2012.
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