Kittitas Co. Wa. State | Cell phone with GPS. Ok,, good idea except,,,, "what is that, I don't know what it is"..... The working premise that a person with dementia would carry or allow a cell phone around their neck,etc... all hinges on the concept they would understand what a cell phone or any phone is-what it is for- and how to use it. Therein is the problem,, they no longer can grasp that concept. Likewise tracking devices for kids, "should work for adults too." There are a couple of issues here.... 1st,, Kids will accept help and parents good intentions,, AND they will accept the device is there to help them from being lost or as a protection. Parents have the legal authority to put a tracking device on their children to protect them. Second Issue,, Kids do NOT have that same right with their parents regardless of how old, physically or mentally feable a person may be or become. Once a person reaches adulthood, there are certain rights which are protected regardless of how dementied a person becomes. Logic would dictate it is perfectly reasonable to put a "tracking device" on a person with dementia. Legally there is no way to make that magically happen. IF the person suffering memory issues don't want to wear/carry it, there is no way to make that happen. *Edit* Didn't sound exactly right after posting,, Actually there is one way to make that happen a person has to Legally become the "parent" which the courts can allow. The parent's legally become the "children" and the Children become the "Parent. ie: Guardianship. Otherwise,, just trying to make a person with dementia wear a tracking device is pointless if the person refuses to do so for whatever reason, they cannot be forced to. As a response to,, " State Police said do it now or we will do it and you will not like the outcome if the State gets involved." That is a whole nother issue. The State/local/County Police are ONLY looking at protecting others. They are sorta tasked with protection of the general welfare of the motoring public and that is about It period. They "Law Enforcement" has the authority to actually prevent accidents in a few instances,, this being one of them. The other side of this is does the "kids" actually have the authority to "withhold" legally lawfully owned property from their parent..??? NO they do not. Regardless of what tough Talk the Police used, legally they can only prevent the person from being on the road endangering others. In this case the Police were talking out their arse about, "you will not like the outcome if the state gets involved". The Police have NO Authority to hold a "kid" responsible for the actions of their 'Parent'. Inherently,, the Police can only tell you what you cannot do,, they cannot tell you what you can do,, Legally. In this specific instance ALL the Police could to is state the Parent cannot drive on a public road. It is illegal for them to tell you to withhold property from another adult. Almost everything that has been mentioned (or will be mentioned) although seems completely rational, logical, and reasonable,,, really is not,,, with very good reason. The right of the individual law abiding person.. You have a right to your personal property. You have a right to decide for yourself. You have a right to refuse to do anything you do not wish to do. You have a right to do anything which is legal as long as it does not endanger others. ...
Edited by 95h 10/26/2010 09:21
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