My mother has been diagnosed with moderate dementia and tested positive for Alzheimers markers. Me and my sister have revocable durable POA. She has already started making up stories which she may feel is true about last times she has done things. Eg: I golfed last week. Reality is she hasnt golfed in 18 months and her golf cart has been inoperative for a while. She refers to my 5 yr old as "the younger one" and cant remember the name of her last pet whom she loved like she was a real person. While this incident happened only once, she did drive to the local mall and ended up 60 miles south of her town in a random gas station without knowing how she did it. She is recalcitrant. Angruily defiant there is nothing wrong and her license is about to get revoked. If she drives and hurts someone, her auto insurance will have cause to get out of the claim due to her driving illegally. Her car company will not repo the car, but just sits passively knowing they will claim no liability for my mother breaching her lease contract if she hurts someone and there is a lawsuit. I feel the only thing left to do is take her car keys and car, but is that legal? Thanks in advance
I am afraid, given you have a POA that is not now fully implemented that you must make it so, as they say on Star Trek. So get the MD assessment needed. That means you are in charge of executive functions afterward. It also means that you are responsible for her safety and safe placement, and assessing the safety and efficacy of a car and keys in her general vicinity. They would be sold and the funds placed in your mother's accounts which you would manage as POA, for her care and well-being.
In short, this is a matter of legal competency. Either Mom has that or she doesn't. And that's the answer to which all concerns re driving and cars follows. Meanwhile, disabling the car, as Lea suggests, prevents a catastrophe until things can get running smoothly.