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How to protect an incapable loved one

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What does it mean to be incapable?

A person is incapable when they are unable to take care of themselves or manage their property.

There can be many causes of incapacity: mental illness, degenerative disease, stroke, intellectual deficit, traumatic brain injury, or impairment due to old age. A physical disability generally does not result in incapacity. For a person to be declared incapable, their mental faculties must be impaired. While some incapable people can manage fine on their own, others need protection.

The protector’s role

A protector makes sure the person is kept safe and sound. They ensure their living conditions are adequate (housing, food, clothing, care, recreation, safety, etc.) and can also help manage their assets (bank accounts, bill payments, income tax returns, etc.). Just as each situation is unique, so is each protector, but one thing is certain: Being there for your loved one is the best way to protect them.

I would like to be a protector, but:

I’ve noticed that a loved one is becoming less autonomous. What should I do?

First and foremost, be there for your loved one and don’t hesitate to ask others for help.

There sometimes comes a point when simple measures are no longer enough. Then what?

• Inform the other family members.
• Try to reach a consensus on what to do next.
• Let the person know what’s going on and involve them as much as possible.
• Check whether they’ve prepared a protection mandate.
• Contact the health network for help obtaining the medical and psychosocial assessments that will confirm their incapacity and need for protection.

Different forms of protection