Legal Responsibility for Elderly Parent

I have durable power of attorney over my 76 year old dad and I live with him. I am trying to encourage and prevent him from driving because he has been diagnosed with Alzheimer's/dementia and has quite a bit of hallucinations, memory loss, lack of motor skills, and reasoning, etc. He continues to argue with me that he is not crazy (those are his words, not mine) and he is quite capable of driving.

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I received info from another legal source that I can be held responsible for an incident, such as if he gets into a car accident and kills someone else. They can hold me responsible for the death of the other person because I am aware of my dad's health issues and I could even go to jail. I have been trying to collect all tangible information I can on this ailment and the legal ramifications and hopefully some serious communication from his doctor to try and get a handle on this issue. I just want to make sure what legal and/or criminal responsibilities I may incur if something like this happens. If anyone knows the actual case law so I could look it up, that would be great.

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December 19, 20150 found this helpful

I strongly suggest you consult with liability and POA attorneys immediately to learn exactly what your liabilities are. Information from a non-legal source may or may not be correct and laws can vary by state, etc. Better to have the correct answer and protect yourself accordingly (and financially!!!) than depend on other advice. Also, even if you have suggestions for case law, you may not have the most recent cases and laws do change constantly. Your situation is exactly why we have attorneys.

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December 20, 20150 found this helpful

I had a similar problem with my sister and had to consult an attorney but my experience may be entirely different than yours (different state, different type of POA, etc) so it would not do any good for me to site my solution/problems.

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I certainly agree that you need to seek legal advice ASAP. If you cannot afford to pay then seek help through your family services or your doctor may be able to steer you in the right direction.

Very important!!
Please..
Do not try to take this problem into your own hands by yourself as it may get very ugly and someone may get injured unnecessarily. I tried hiding keys and many other things but finally had to get papers from her doctor and ask our local police for help. They did help but also recommended that I sell the car.
It was not a pleasant matter but still - it had to be done.

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December 20, 20150 found this helpful

When my husband had what we thought were strokes and was sent to rehab after his second "stroke", the doctor had his license revoked and filed the proper papers with the DMV. Later we learned the strokes were actually a glioblastoma brain tumor.

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But having the doctor handle this I would think would help you with his not driving. Of course, we went through the same thing, he thought he would get his license back but sadly that never came to pass.

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December 22, 20150 found this helpful

My dad simply had to take the keys away from his father. This was very hard to do and he never really forgave my dad. But of course he didn't know any better.
You will need to remove the car from the property and later sell it to help pay for his care. Call the police ahead of time to make sure they are aware you may be calling for their help. Yes things could get ugly, but if somebody died because you didn't do this, it isn't just liability but the fact that you'd have to live with that.

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And yes, getting his doctor to back you up is a great idea.

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December 30, 20151 found this helpful

My mother may soon reach this point. I am not looking forward to it. "I might just as well be dead" is what she says. It is possible in my area to make an anonymous complaint to the police, and when they investigate, the elderly driver in question would have to take a drivers' test. That may be one way to avoid him being angry with you. It seems slightly underhanded, but it is something to consider,especially as you are living together.

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Anonymous
February 20, 20160 found this helpful

Dr can turn him into dmv or do it yourself he wil have to get dr to approve him and take driving test

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March 6, 20160 found this helpful

My dad was the same way wanting to drive when he shouldn't so we took him to the DMV and he had to take the test and a vision test that he didn't pass. So he was upset and i asked the woman helping us what can i do she seen how my dad was a talked to him explaining to him why he couldnt't drive, sometimes being as they are our parents don't want to listen to there children so because it was someone else talking to him an athourity figure he listen was still upset but knew he could no longer drive.

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She then suggested we just get him an ID for identification so we ended up doing so. My dad was very stubborn and set in his ways maybe have an employee talk to him and explain why hes is not able to drive anymore.

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April 30, 20180 found this helpful

I have every power of attorney over my mother in the state of MD. She's in and out of hospitals. But she whould come and do the same thing over and over! And cant do this no! More what should i do?

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