Transfer firearms ownership from parent with dementia

[M_N04H]

If someone has a parent who is no longer safe to own any firearms due to dementia, is there a way to transfer these firearms to the adult son/daughter? I tried Google but I may not be typing the question correctly.

 

[Technical]

Simple and easy. Just need a signature and $19.

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/bof-4544A.pdf

 

[M_N04H]

I looked at this, but I don't think it takes into account that the current owner, having dementia and all, is not capable of making decisions for himself. Which means he is unable to make legal decisions.

 

[Technical]

Who is it, that has made the decision, that he is not capable of making decisions for himself? Has the court intervened? Does anyone have power of attorney?

If your father can still legally sign for himself, then just present the form and ask for a signature. If someone else has power of attorney or other legal status, then ask them to sign the form in his behalf.

 

[-D.M.-]

Who is it, that has made the decision, that he is not capable of making decisions for himself? Has the court intervened? Does anyone have power of attorney?

If your father can still legally sign for himself, then just present the form and ask for a signature. If someone else has power of attorney or other legal status, then ask them to sign the form in his behalf.

A couple of things to consider:

-If his mental state is a well-known issue, someone down the line might question the timing of the signature.

-Ethically, if go the route recommended here, you'll have to make your peace with it.

Also,

-Is there anyone else who might want to "lay claim" to the firearm you'll be transferring to yourself?

-Is the an existing POA/Advance directive?

-A will?

-A trust?

-A trustee?

You're walking blindly into a minefield if you can't definitively answer every question above. Proceed with caution, but do get the weapon away from him, people with dementia/Alzheimer's can sometimes be unpredictable and quickly become a danger to themselves and those around them.

 

[M_N04H]

Figured the only way it can be done is when someone is assigned as his DPOA. Thank you for the replies, was looking for confirmation for something I wasn't sure about.

 

[Malibu]

As posted above:
“Proceed with caution, but do get the weapon away from him, people with dementia/Alzheimer's can sometimes be unpredictable and quickly become a danger to themselves and those around them.” THIS 100%. I saw a good amount of it in my professional career, it does not go well.

It is an ugly disease that does not discriminate. Securing firearms and other weapons from a parent or other family member who has this disease is paramount. I personally would rather secure them first, then sort out the ownership/custody issue. It’s an ugly reality that some of us will likely have to go through.

Thankfully, neither of my parents went through that before they passed. Amazingly, stubborn old dad even handed over the car keys one evening at a family gathering all on his own, before we ever needed to discuss it. What a relief that was.

 

[AR15barrels]

I looked at this, but I don't think it takes into account that the current owner, having dementia and all, is not capable of making decisions for himself.
Which means he is unable to make legal decisions.

You need to get power of attorney over them and then you can execute legal documents on their behalf.
If it's not you that ends up getting power of attorney, (perhaps another of your brothers/sisters is doing it), then you have the person who holds power of attorney sign the legal documents.

 

[command_liner]

There can be complexities, as I experienced. If the demented parent has a run-in with the state (eg hospitalization for another cause, or a driving problem that results in a forced evaluation) and there is no spouse, no will, no health care proxy, no conservatorship and no POA in place, the state gets to have a say as to what happens next. But if the dementia patient is required (by the state) to be either hospitalized or to be released into a controlled location, the state will probably help putting the POA in place. This can get expensive. It would help to have a spare $100K around.

Also this sort of thing becomes very hard to unwind. Think about Reagan's admonition about government programs being the closest thing to immortality. I am coming up on my 9th year in this section of hell.

 

[Librarian]

Who is it, that has made the decision, that he is not capable of making decisions for himself? Has the court intervened? Does anyone have power of attorney?

If your father can still legally sign for himself, then just present the form and ask for a signature. If someone else has power of attorney or other legal status, then ask them to sign the form in his behalf.

Others have already put in the cautions, but the OPLAW form is not signed by the donor but by the receiver.

The most recent version of that doc (2020) is here - https://oag.ca.gov/system/files/media/bof-4544a.pdf, and it is a 'fillable PDF'

 

[M_N04H]

Thanks for the replies everyone

 

[Wolkenflieger]

I looked at this, but I don't think it takes into account that the current owner, having dementia and all, is not capable of making decisions for himself. Which means he is unable to make legal decisions.

There are stages to dementia. In the early stages, anyone with dementia can sign some forms and transfer their guns, though sometimes dementia-sufferers are in denial (part of the illness, sadly). I know because my mom and aunt both died from it. This means I might be next in about 10 years. Grim thoughts, but I already promised my guns to a good friend.

Tomorrow is not promised, and if we make it to tomorrow and many tomorrows thereafter, we could wake up one day with dementia. To that end, live life to the fullest with zero regrets when possible.

 

[sonofeugene]

If your relative with dementia can be spoken to and they understand what's happening, a simple familial transfer will work. For instance, my wife (how had been diagnosed with dementia/alzheimers) willingly gave up her drivers license after she had a couple minor accidents.

And if anyone else in your family might lay claim to them down the road, be prepared to accommodate their requests for them.

It doesn't need to be that complicated.

 

[M_N04H]

It isn't always that simple unfortunately. For the time being, the firearms are in a place where he cannot access them.

 

[sonofeugene]

Have you talked with your parent?

 

[sonofeugene]

And if you are their son and they really have been diagnosed with dementia, what harm is there in having them sign (if there signature is required) or even forging their signature? I know it's illegal, but if you are genuinely worried about them, then that takes precedence over anything else.

Or, if as you say, if the guns are stored somewhere your parent can't get to them, then what do you have to worry about? If that's the case, I'd just not worry about them and then do what's necessary after they pass.