Legal Question in Family Law in Kansas

elderly parent competency

My father, thru many years of raging alcoholism, has become a threat to himself and others. If he's not making trips to the hospital to get his head sewn up from falling while drunk, he's driving drunk. My sibings and I have tried everything from drying him out in a treatment facility to tough love -- to installing a breathalyzer on his vehicle. He has found a way around that by having other people blow. We live in constant fear that he's going to injure or kill innocent people, or himself, with his car. He also has been found face down in the street by strangers, police, neighbors, etc. He has no short term memory and like all alcoholics, can justify his behavior and blame us for his weakness. We believe him to be dangerous and want to know what we can do to have him legally committed or at the very least have his drivers license taken away. What are our options. We know it will be ugly.


Asked on 8/05/03, 5:59 am

1 Answer from Attorneys
James Rupper Powell, Brewer & Reddick

Re: elderly parent competency

I am surprised if not a little shocked that he still has a driver's license. One would have thought that he would have lost it years ago for being caught drunk while driving. Again, a simple solution, but a little devious is to disable the vehicle so that he cannot drive. Another is to report his behavior to his insurance company so that he cannot afford insurance. Finally, I recommend that you speak with an attorney who handles probate or elder law cases. Having a guardian appointed is a complex process and the guardian will have a difficult time managing this individual. Hence, the family should unitedly seek the advice and assistance of attorney and begin to work on this project. Good luck.

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Answered on 8/05/03, 10:24 am


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