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What Else is There to Know about Guns and Guardianships?

There are issues with guns involving diminished capacity, Alzheimer’s and Dementia that may be of concern to family members. Self-harm of a loved one with Diminished Capacity, Alzheimer’s or Dementia is not the only concern. 

According to NAELA (National Academy of Elder Law Attorneys) in NAELA NEWS, OCT/NOV/DEC 2023, roughly four in ten gun owners have a loaded gun that is easily accessible to them at all times when they are at home. This can pose a significant risk to family members and caregivers. That can be very concerning when someone with Diminished Capacity, Alzheimer’s, or Dementia may not comprehend what a firearm does or why a firearm is used.  

In readying your house for living with someone with Diminished Capacity, Alzheimer’s or Dementia, you may want to contemplate how to protect yourself, your family, and the person with Diminished Capacity, Alzheimer’s, or Dementia from the guns in the house.  

Questions you may want to ask are:  

• Is it even safe to have a gun in the house under these circumstances? 
• Is the gun in a locked gun safe? 
• Who has the keys to that gun safe? 
• Where are the keys to the gun safe? 
• Could the person with Diminished Capacity, Alzheimer’s or Dementia inadvertently assess the keys? 
• Could they inadvertently open the safe? 
• How many guns are in the house? 
• Where are the guns in the house? 
• Have you inventoried the guns? 
• Do you know where all the guns are located in the house? 
• Do you feel secure with where the guns are stored? 
• Is the family protected? 
• Does the treating physician of the loved one with Diminished Capacity, Alzheimer’s or Dementia think it is appropriate from a safety point to have a gun in the house with someone with their condition? 

These are all issues to think about if you are contemplating a guardianship of a loved one. Although the public may discuss guns in relation to children, or the mentally ill, there is little discussion regarding guns and individuals with Diminished Capacity, Alzheimer’s or Dementia.  

If you have more questions regarding a Guardianship Law 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.