Competency & Capacity
If you have a family member who is suffering from any form of diminished capacity, dementia, Alzheimer's, a developmental disability or a mental illness, and who is demonstrating through actions or inaction that he or she is not capable of handling his or her personal affairs, it is time to consider options. We can discuss how to start and what legal options are available based on his or her capacity.
Understanding What Your Options are When Competency Issues Arise
There are any number of situations that may cause you to question the capacity of a family member to make sound life decisions, such as when:
- A young adult begins demonstrating dangerous or threatening behaviors.
- A family member starts making large purchases, or speaking about large purchases in a grandiose manner.
- An individual with some form of diminished capacity changes their behavior or becomes isolated and cuts out key trusted family members or friends.
- Family members report uncharacteristic or aggressive behavior.
- A loved one stops seeing his or her Doctor or treatment team.
- An elderly person suddenly changes a will or trust in a manner that is significantly different from all previous wills or trusts. This could result in estate litigation if not appropriately handled during the elder's life.
- An elderly or mentally ill person receives notices that they are being evicted for nonpayment or that their utilities are being turned off for nonpayment.
- A family member visits an elder's home and finds that they do not have sufficient food but have used their money to stockpile unnecessary items.
- A family member has suspicion that the elderly person is being unduly influenced by others
Attorneys David Blake and Carolyn Martello Spaulding work with families who wish to assist family members suffering from Capacity limitations who may not be able to adequately protect their interests.