When a loved one has lost capacity to make responsible decisions

You have a parent or a loved one who seems to be slipping. Not only are you noticing how frail he or she appears, but you have greater concerns about their well-being.

  • The stove was left on
  • The water was left running and flooded the bathroom floor
  • Medication bottles are still full
  • Mom’s credit cards have large charges to TV shopping channels
  • Dad can’t remember you child’s name

Trouble is, when suffering such loss of capacity, your loved one cannot reason enough to even get the care he or she needs. The old saying that “it’s never too late” does not apply when your loved one’s health and mental capacity begin to fail.

If an incapacity plan is not already in place, consult elder law attorney, Jay Seeger, about filing for guardianship. With a proper guardianship in place your loved one’s best interests and his or her legal, financial and healthcare affairs can protected.

To recieve a free copy of Alzheimer Survival Guide, click here.

Other Guardian-Like Solutions

Incapacity Planning

If you or a loved one have just been diagnosed with a condition known to cause a decline in mental capacity, planning needs to start immediately. Otherwise, it will be too late.

Power of Attorney

By signing a power of attorney, an individual gets to decide who has the authority to stand in on his or her behalf under circumstances involving legal or financial matters.

Representative Payee

A representative payee can stand in on behalf of another person when dealing with the Social Security office, the Veterans’ Administration, and welfare or other government-program benefits.


The court may accept that your loved one does not have the capacity to manage his or her own financial affairs, but does have the capacity to choose someone else to manage them instead.