Is my husband responsible if his parents cause injury or death while driving impaired?
My husband and his sister have dual p.o.a. over their father recently diagnosed with alzhiemers and both parents have significant mental and physical impairments and were recently placed in a "non-locked assisted living facility. My husband & my sister -in-law have left their parents with access to the parents vehicle and at the moment and are allowing their parents to drive themselves. My husband argues that he is not legally liable if his parents cause injury or death while driving impaired because my husband is not the owner of the vehicle. Is this true or can my family be held financially responsible?
Expert Answer
The basic answer depends on a few more facts.
The first is whether or not the power of attorney is in effect, and your husband and sister-in-law are currently acting as agents. Most powers of attorney take effect when the principal is considered to lack mental capacity"”simply defined as being unable to care for himself or herself and handle decisions alone. That does not automatically happen when a person is diagnosed with Alzheimer's; some people remain capable of functioning"”and even driving safely"”at least into the early stages of the disease.
If your father-in-law's power of attorney has taken effect, however, then your husband and sister-in-law are legally responsible for acting in their father's "best interests." And if their father is truly a menace on the road, then they are shirking this duty, should be removed as agents and another person should be given the responsibility.
This is probably not what anyone involved likely wants to see happen. What you do want is to ensure that no one gets hurt on the road. If your father-in-law is still driving and you and others are concerned that this is no longer safe, then take immediate action by researching his local DMV's law on how to report an unsafe driver. In most states, a doctor, a family member, or often an anonymous "concerned citizen" can initiate a report. And in many cases, this is easier than forcing a family member's hand to give up the keys.
The DMV or other driving authority will then take steps to investigate. In most cases, the driver will then be given a written or physical driving test"”or both. After this, a driver's license may be limited"”to driving only during daylight or within a certain geographical distance, for example.
And if warranted, the license may also be revoked. If you anticipate this may be a painful issue for those concerned, you might also do some advance research about alternative transportation in the area; representatives at the assisted living facility may be the best place to start"”and may even provide options of their own.
Restricting or denying a person's driving privileges, even if it is an essential step, can feel like a daunting one. There is lots of good information and tips on how to proceed for you and yours at Caring.com at www.caring.com/senior-driving-and-travel.