Follow
Share

Can a trust resolve the potential for major financial litigation arising from serious personal injury due to accidents involving a driver who was previously diagnosed with dementia?

This question has been closed for answers. Ask a New Question.
Find Care & Housing
Thomas, you really need to consult a lawyer on this. If a person with dementia continues to drive under these circumstances, a trust is not usually designed to protect private parties from their own criminal acts. Please Please talk with a lawyer, and get the driver reported to DMV as Pam suggested. You don't want to be reported to APS as an accessory or sued for contributory negligence. Prison is not a fun place for an elder for dementia, or a criminal psychiatric ward if they are prosecuted.
Helpful Answer (1)
Report

What if the trust was established prior to the diagnosis? If an accident happened a period of time later, then would personal negligence be a factor? I am addressing this issue because some caregivers will not face the tough issue of stopping the person living with dementia from driving, and also feel that they are safe from a huge financial settlement if a serious personal injury accident occurred due to negligence on the part of the driver, who has had dementia diagnosed.
Helpful Answer (0)
Report

Thomas, if the defendant puts assets in a trust, there would be a charge of "fraudulent transfer" which makes things worse and saves nothing.
Helpful Answer (1)
Report

This needs very specific legal advice from a lawyer. If you are asking if a trust can protect your assets now from prior "bad acts" from person with dementia? The courts will take a dim view if you are seen as trying to hide assets to prevent recovery by injured parties. You need a lawyer well versed in civil law working with you and adviser if Medicaid is involved. If I misunderstood the question my apologies.
Helpful Answer (2)
Report

A Trust has no control over a person. But any concerned person can go to ncdot.gov and print out the Medical Review Program request for driver evaluation. Be sure you have the driver license number.
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.
Subscribe to
Our Newsletter