Dementia and Firearms
Kaiser Health News wrote about when a doctor should have a conversation with a patient with dementia about gun ownership. Dementia And Guns: When Should Doctors Broach The Topic? explains the lack of guidance for health care professionals on whether and how to address the topic with patients.
Some patients refuse to answer. Many doctors don’t ask. As the number of Americans with dementia rises, health professionals are grappling with when and how to pose the question: “Do you have guns at home?”
While gun violence data is scarce, a Kaiser Health News investigation with PBS NewsHour published in June uncovered over 100 cases across the U.S. since 2012 in which people with dementia used guns to kill themselves or others.
As well, a diagnosis of dementia doesn’t automatically mean a person is unable to handle a firearm. One program, according to the article, has developed guidance for health care professionals regarding gun violence. There are others who take the opposite view and one expert interviewed for the article reports that some patients are seeking out physicians who are “gun-friendly,” resulting in the creation of a referral service.
The article defines the issues as (1) the legality of health care providers asking patients about gun ownership, (2) the reasons health care providers may not ask, (3) the timing of any such conversation, (4) recommendations regarding firearm ownership by those with dementia, and (5) what happens when the health care provider asks, The article discusses each of these issues from both perspectives.
I was aware that some professional guardians have dealt with the question of gun ownership when appointed to a case. This article offers a glimpse into the topic from the perspective of health care providers. The Hook Law Center also published a piece about guns and dementia based on a recent article in the New York Times. One of the points made in that article
The conversation about gun ownership and dementia may arise in any setting and can be initiated by a professional such as an elder law attorney or financial advisor. Many are hesitant to reveal gun ownership but, for those who do, they often don’t want to reveal locations, nor do they want to voluntarily give up possession of their firearms. When the discussion focuses on “taking things away” for a person with a diagnosis of dementia, this may feel like additional loss of control and can be extremely unpleasant. Instead, the conversation should be approached as one of safety. Unfortunately, dementia can often interfere with a person’s reasoning and decision-making skills, and the person may lack insight into the potential problem. However, when the discussion is presented as one of safety for themselves and loved ones, the conversation feels like less of an intrusion.
The article on the Hook Law website also addresses what to do with any firearms removed from someone with dementia, recommending “caution when removing firearms from a home and when advising individuals.” Even though most states allow the temporary transfer of a firearm to a family member without a background check” not all do so, according to the article. The article also notes the prohibition on convicted felons possessing a fire arm “and states have strict laws about allowing the private sale of guns. Some gun stores and ranges offer storage and transportation options.” The article recommends consulting with an attorney before acting.
PS-this is not intended to be a political post. I am just intending to keep readers up to date on topics relating to elder law.