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Loss of mental capacity in an adult will be diagnosed and documented by a doctor or psychologist if an application is going to be made to the court. However, in most cases, a dependent adult’s family members are the ones who first notice there is a problem such as memory loss or an inability to do things the elderly relative used to do. The family members are the ones who have the opportunity to observe their elderly relative on a regular basis and to notice when the relative is having problems living independently. The family members usually then take the relative to a doctor for a diagnosis.

It can be difficult to know when it is time to become involved as a guardian or trustee. The following two sections describe some common behavioural symptoms shown by elderly relatives who are experiencing some loss of capacity. The lists in the following sections are not intended to be medical advice that can replace a consultation with a doctor. They are merely lists of symptoms or problems that are frequently documented by medical reports that are used in guardianship and trusteeship applications. Please note that every individual is unique and may exhibit some, none, or all of these behaviours.

Please also keep in mind that there could be medical explanations other than lack of capacity for isolated symptoms and you should rely on a doctor for help with interpreting your relative’s specific situation. For example, sometimes a person giving inappropriate answers to questions is confused and forgetful and this might be a symptom of incapacity. However, it is also possible that the person may not be mentally incapable at all but is giving inappropriate answers simply because he or she is hard of hearing. If you believe that your elderly relative is exhibiting some of these behaviours and that they may point to a loss of capacity, the first step should be to ensure that your relative is under the care of a physician who can rule out other diagnoses.