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Firearms and Guardianships in the Orlando, Florida Area 

There was an interesting article in NAELA NEWS OCT/NOV/DEC 2023 titled “Are Firearms Taking a Back Seat in Estate Planning?” The article discusses aging Americans with declining mental capacity who own a firearm or live with someone who does. The article states that about forty percent of adult Americans own a gun or live in a household with someone who does. The article further states that research shows that seventeen million people aged sixty-five years or older own at least one firearm and continue to own firearms even after experiencing declining mental health. 

Does this mean that, besides discussing with an elderly loved one that they should give up their car and driving, that you should discuss with them giving up their firearms? These are delicate issues and topics of conversation that many children try to avoid discussing with their parents as long as possible. However, in most situations, it eventually becomes inevitable that you must have this unpleasant discussion with your elderly parents. You want to protect them from themselves. You want to protect others in the community from them. 

However, your parents or loved one will believe that they are fine and  there is no need for your concern. They will accuse you of exaggerating the situation. They will state that there is no need for your worry and concern. They will say that there is nothing wrong. They will say that everything is okay. 

What can you do? They are free to control their lives and their own affairs unless there is a Guardianship. Their doctor may recommend that they should neither be driving a car nor possessing a firearm. However, as the article states, guns represent something about independence and autonomy, and your loved one may believe it is their right to have one. That same theory can be applied to a car and the right to drive. That is what makes it so difficult trying to have that discussion with your parents or elderly loved ones. 

The article states that one-third of all people eighty-five and older may have some form of dementia. It further states that the National Institute of Aging defines dementia as the “loss of cognitive functioning-thinking, remembering, and reasoning–to such an extent that it interferes with a person’s daily life and activities.” Lastly, the article states that as a result of dementia, some people may not be able to control their emotions, and others may find their personalities changing as their mental abilities decline.  That is why it is a concern of many children that their elderly parent is still driving a car or owning a firearm.  

If you have more questions regarding a Guardianship matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.