My father has mild dementia/alzheimer's. He has seen two physician's (Neurologist and Neuropsych) and they have both recommended that he doesn't drive. Also, he has always had a gun collection and they have advised that it would be okay to have the guns without ammunition. If my father would drive and/or purchase ammunition for his guns and something should happen would I be legally responsible for his actions? I would appreciate some direction in this matter. I am new to this as my Dad's wife passed away in May 2020.
Would he notice if you removed it? Do you want the gun for protection? How is the gun registered? Is it in a locked area?
Does he know what bullets to buy? Does he talk about the gun?
Gosh, a million questions would go through my mind. Honestly, I wouldn’t be able to sleep at night if he had access to a gun.
There is too much potential for an accident and it simply isn’t worth the risk.
Does the gun have any sentimental value? Is it an antique?
Best wishes to you.
On top of being concerned if he manages to get ammo and harm someone, YOU could be the one at the other end of that gun! Even unintentionally he could shoot you! If no gun cabinet, find a safe place to store them where he will NOT find them and go about planning to get rid of them:
Meanwhile, you can probably contact a local gun shop and see if they will buy them. If they will, ensure you find one who can come to the house and do the transaction. Unless you have a license for any/all of the guns, you don't want to be transporting them! Otherwise, call the non-emergency number at the PD and ask advice - they might be able to direct you to someone who can come to the house and buy the guns, or ask about how one can relinquish them. The one page I found talks about ensuring it isn't loaded, adding a trigger lock and transporting it - NO NO NO, unless you are proficient in guns and have a license! These guns will be checked, stored and destroyed - ammo can go with it.
Great the docs said no driving, but you need to ensure that he can't get into any car and start it. He won't remember he's been told not to drive, or will dismiss what they said and try anyway! If his car is still there, find a way to disable it or use the "club" to lock the steering wheel. If his car is gone, use the club on yours or have an ignition kill switch installed, just in case he manages to get his hands on your keys!
YB had the "talk" with mom and took her key. I had him disable the car (removed battery cable, but that likely won't deter your dad!) as I was sure there was another key. Next day she called ME and demanded her key back. I didn't touch it! Shor' nuff, she rummaged and found that key, then the next day called to demand I fix whatever I did to her car!!!
Second, the guns will have to go. You never know what they will do when they get paranoid. Like suggested call the Police to see how to go about it. Maybe your Dad will except them being gone if the Police take them.
Third, the car. Disable it. Tell him it needs to go to the shop. Then take it where he can't see it. Not sure about selling it. The title has to be signed and not sure if a POA can do that. Question for DMV. It needs to sell at Market Value if Dad will need Medicaid in next 5 yrs.
I see your question asked here a lot, but I have yet to see a clear answer on when and how a person with dementia is deemed legally incompetent and a DPOA can be activated to enable control of decisions. I imagine that's because it varies depending on state and legal language. In my case I also have both, so I plan to speak to an elder attorney in the coming year and find out what it will take in my case.
In the meantime I agree with the others to get a lock so he can't load the guns and have them put in place. Hopefully his doctor will report him to the DMV and he will be forced to have a driving evaluation or lose his license. IF your dad's doctor has not done that you can file a report yourself.
Good luck.
The local police & sheriff depts both said they could not legally remove the guns.
Every time she tries to discuss even locking the guns up, her father becomes irrational and tells her she is not to touch his guns.
Two weeks ago, when he realized she'd removed 3 of his 4 hand guns, (he had the 4th gun in his trouser pocket) he threatened suicide and also threatened to shoot her if she called 911. I called 911 for her. The police told me they couldn't take the gun from him, but they would go check out the situation.
When the officer arrived, her father was agitated, tried to run out the back door, refused to hand over his gun, the officer called for backup. Her father refused to put his hands up & reached for his hand gun twice. He told the police to shoot him. They wrestled this 92 yr old man to the ground, handcuffed him and took him away, while he was making threats to his daughter (my friend).
The police took him to the ED and they also got the court order to involuntarily commit him to a Behavioral Health Facility three hours away, where he was an inpatient for 12 days. The facility initially gave limited information to his daughter. By day 2 they would not give her any more information because her father forbid them to. She is his POA, DPOA, and healthcare POA. All these documents were all faxed to the facility on her attorney's letterhead. It made no difference in communicating with the healthcare staff at the facility.
Yesterday (a Saturday) this 92 yr old man was released to "someone". She does not know to who. The BH Facility did not notify her. She suspects he's with his 85 yr old girlfriend who lives 2 hours away. His daughter has been dealing with attorneys trying to locate her father & also file for guardianship. Meanwhile, she believes he'll be changing his Will, eliminating her and taking away her legal authority.
His daughter is his only child. She's a nurse practitioner and has taken care of both her parents (her mother passed away 8 years ago from dementia/stroke). Her parents lived across the street from her. It's unbelievable this whole situation has been so out of her control. Everything is currently in limbo. Getting guardianship so she (or the court) can place him in a Geriatric Psych Facility is the next step.
Meanwhile, a neighbor has called Adult Protective Services on his daughter. It hard to imagine that things can spin out of control so quickly! Our Mental Health system and Elderly Care system needs change.
Since doctors have said dad shouldn't drive. Talk with him about how to get rid of his car: sell, donate, give to a family member or charity. Without a car, the nightmare scenario should not happen. Also, go through the house and remove all ammo. Either sell it (you can get great prices for it now) or keep it locked away.
When my grandfather got this place in his mentation, my family gave us his weapons since my hubby is a weapons enthusiast and would keep them in good condition and out of his hands.