If my Dad has a car accident and has been drinking can they come back on me for not stopping him?

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Dad is 90, congestive heart failure, walks very slowly with 2 canes, can not stand alone. But he appears to be in his right mind. He still drives and goes to the local bar for 2 martinis almost every day. Then he comes home in a nasty mood and passes out or picks a fight. I have tried to get his Dr to stop his driving. I have talked to the police about stopping him as he leaves the bar. No one wants to do anything."We don't want to take his last bit of independence away from him" If he causes an accident and has been drinking, can they come back on me because I didn't stop him?

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Lizzie, at least you are trying to make a change and are taking some of the advice given... that is a huge start. Good for you. Plus it is a learning curve for the rest of us who might see this happen down the road with our own family [my sig other did with his son].
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My one issue with discussions like this is there isn't room or time to put ALL your concerns down. Of course my liability is not my only issue. Give me a couple of hours and I might be able to touch on all the issues involved in caring for both my parents. I truly am a caring, responsible person. I just don't have time or space to express all that. Sorry if I sound gruff.
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What I can't figure out is why the local police are enabling the father by not writing any tickets. With traffic tickets such as speeding and DWI, the insurance carrier would be notified, and with enough tickets the carrier could pull the car insurance.

Of course there is no guarantee that one wouldn't drive on a suspended license or drive without car insurance.... young people do that every day.

Lizzie, as for your parents deeding the house to you with a clause that they remain in the house until they die.... many promise their parents that they will take care of them and/or never put them into a nursing home... but in most cases those promises were made when Mom and/or Dad were quite mobile, coming and going as they pleased, could take care of themselves... we never think far into the future of one's parent being quite ill, and we never think about taking away their car keys. But life changes as our parents get older needing more help then we can give, and a rational parent would understand and make changes for the better.
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I'm glad you are trusting your head (and gut) to go ahead with your decision Lizzie. Let us know how it goes. (I had to do this with my mother, and even after 8 years she talks about driving... I know she is not capable of driving... She probably does also... even though it's a difficult decision for them... )... Oh yes... she 'passed' her driver's license test which was just a vision test in Colo... scary... but, she won't drive... I do the best to get her around or by other transportation).
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No. They can't come after you for your father's actions that you have already reported to the authorities.

Is that really what you're most worried about?

Is there a local cab firm that would quote for the drive to his favourite bar and back home? If he drives drunk, he's driving uninsured. If he injures another person, he will be sued for punitive damages and will end up bankrupt. A cab would be much, much cheaper.
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I talked to his Doctor who "doesn't want to take his independence away". I have informed the police numerous times of his drinking and driving. They stopped him twice for speeding but let him go. They "don't want to take his independence away". Last week I went to the police station and spoke with a detective. He filled out the form to DMV to request a license review. Then when he took it to his sergeant he was told he couldn't send it in unless my dad was in an accident. So now I am down to the worst case. I will have to confront my Dad regardless of the results. I know he will go ballistic and cut me off from my Mom. Mom will be beside herself upset. I have no choice. I believe I will talk to Mom first so she is forewarned of my plans. Wish me luck!!!
For those of you who have not faced this issue yet... I suggest you have the discussion now before the parent is incapable of safe driving. Set a time to give up the keys. Maybe you can avoid this being a crisis.
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Something definitely needs to be done. You say your dad walks with two canes, can't stand alone, has congestive heart failure, but is in his right mind. I have to say that maybe he's not if he is out drinking and then driving, especially mixing drinks with medication. The mixing can be deadly - not just for your dad, but for the fact that he could hurt or kill someone if involved in an accident. First try talking with him about this when he's sober and ask him how he would feel if he hurt or killed someone with his car. If this doesn't go well, then you'll have to find some other way. There are a lot of helpful answers on this site from people who care and may have had a similar situation. Just find some way to correct this problem soon, or it may be too late for more people than just your dad. You may find that once it is resolved, you may feel like a huge burden has been lifted off your shoulders because you won't be so worried about him and this issue. Good luck, and keep us posted if you can about the results.
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If he is all in his right mind (questionable in my opinion for anyone who justifies drinking and driving).. ask him.. when he is not drunk what he is going to do if he hits and kills someone. Start pulling up stores about drunk drivers who have hit and killed people.

They cannot come after you, you have done what you can legally to stop him. It sucks that you cannot get help, i can not imagine how gut wrenching this situation must be for you. He is not just endangering his life, but the life of others.. and that is pretty selfish of him.
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Update - I looked into the DS7 form with DMV. The only problem is it isn't anonymous. So I went to the police department. They filed a request for license review from them to the DMV. Also they will be watching for him to leave the local watering hole. They didn't stop him yesterday, wish they had. He made it home and then passed out in the chair. At least it is documented that I did something and hopefully soon the DMV will pull his license. I know he will be a bear to live with while this is happening. I'm sure he will blame me anyway. With the alcohol comes paranoia.
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We all live in the house I grew up in. Dad and Mom gave the house to me years ago with a stipulation in the deed that they can live there until they die. Dad has Mom terrified of nursing homes. Promised her he would never let anyone put her in a dirty box and forget her. As long as Dad is mentally stable I can't do anything without causing a major family breakup which would kill my Mom.
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