If my father with dementia gets into a car accident, am I liable as his power of attorney?
1 answer
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Last updated: Oct 31, 2011
Q
I have power of attorney over my parents. My father has mild to moderate dementia. They live on their own. He has a van in his name and insurance on it. If he gets in a car accident and is sue. Could I be liable also.
A
Denis Clifford is a lawyer specializing in estate planning. A graduate of Columbia Law School, where he was an editor of the Law Review...
You have power of attorney over your father. You want to know if you could be liable if you father gets into a vehicle with his van. The answer is no, you cannot be held liable.
I know of no statute or legal case that says that a person (called an "agent") with power of attorney over another person (called the "principal") can be held liable for any damage caused by the principal.
Also, you state that your father has insurance on his van. Hopefully that insurance would be sufficient to pay the costs of any judgment anyone injured by his driving might obtain. Certainly your father's insurance company would be required to pay for a lawyer to defend your father (and the insurance company) in the event of a lawsuit.
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