What to do next
Assess capacity properly, not by assumption
Capacity is decision-specific and can fluctuate; it is not simply a diagnosis or an age. A proper medical or professional assessment is the foundation of any next step.
Use the least restrictive route available
If capacity remains, help them put a power of attorney and health-care directive in place. Supported decision-making arrangements exist in some jurisdictions and preserve far more autonomy than guardianship.
Act quickly on suspected exploitation
Sudden changes to wills or beneficiary designations, unexplained withdrawals, or a new person controlling access are warning signs. Adult protective services and elder-abuse lines exist in both countries, and a lawyer can seek urgent protective orders.
Frequently asked questions
Can I make decisions for my parent without a legal document?
Generally no. Financial institutions and health providers require legal authority. Without a power of attorney, a court application is usually needed.
What is guardianship?
A court appointment authorizing someone to make decisions for a person who lacks capacity — called tutorship or curatorship in Quebec. It is more intrusive and expensive than a power of attorney made in advance.
What if family members disagree?
Disputes over an older relative's care and finances are common and can end up in court. Mediation is often faster and less damaging than litigation.
What are signs of financial abuse?
Unexplained withdrawals, sudden changes to wills or beneficiaries, new people controlling access or mail, and unpaid bills despite adequate resources.
This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.