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What to Look for If You Think A Relative or a Friend Has Incapacity

When dealing with a relative or friend who could potentially be incapacitated, it is important to break down your questions that you ask them. You must ask them simple questions. Do not ask them complex or compound questions. In tough situations like these, it is crucial to always treat the suspected incapacitated person with respect. That is because that person could be your parent, uncle, aunt, friend, or you in the future. So, treat them as you would want to be treated yourself.

You must be patient with them, and you must listen carefully. You need to give them time to complete their thoughts or, a sentence. You must give them time to complete a task. They may be able to do this task, if they are not under time pressure. Remember, they process more slowly than you or I. They also move more slowly than you or I.

Also, there are some indicators to look for that could signal they may be partially or totally incapacitated. The following are things to look for:

• Notice how they are groomed.
• Notice how they are dressed.
• Is there food in the refrigerator?
• Are there liquids in the refrigerator?
• Is the food fresh?
• Is the air conditioning on in their home? Or, is the heat on in the home? Is that appropriate for the time of year and temperature outside the house? Is it an appropriate temperature for inside the house?
• Is the house clean?
• Is the house in proper repair?
• Is the person aware of their location?
• Is the person aware of their name?
• Is the person aware of their family?
• Is the person aware that they take medications?
• Is the person aware as to when they take the medication?
• Is the person aware as to how much medication they take?
• Is the person difficult to handle?
• Is the person frightened?
• Can the person tell the time on their watch or clock?
• Is the person easily agitated?
• Can the person balance their checkbook?
• Is the person giving strangers money?
• Is the person writing more checks than usual?
• Does the person forget things they use to remember? Such as:

Where they parked their car in the parking lot.

Whether they locked the house doors.

Whether they left the stove burners on when they were done cooking.

If you have any questions, or would like to further discuss this, or other Guardianship or Probate Administration matters, please contact Ann Marie Gilden, Esquire of Ann Marie Giordano Gilden, P.A. at (407) 732-7620 to set up an initial consultation. You may also visit my website at https://www.AnnMarieGildenLaw.com.

This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create any attorney client relationship.