My mother had here license taking away by DMV. If she drives without me knowing and has an accident then is sued by other person for not having a license could I also be sued since I am POA?
No. But your mother would be committing an offence, so I'd have thought that a more important point to worry about.
If you have POA, and if it is active because your mother is incapacitated, you do have the authority to dispose of her car and use the proceeds for her benefit - such as by hiring cabs to take her where she wants to go, for example. Crack on with getting her car sold, I should.
You could remove the car battery or have the car disabled in some way and certainly take the keys away. Selling the car is another option. Mother is a danger to herself and others. Why take any chances. Good luck
Shakingdustoff, why don't you buy your mother's car for a nominal amount and re-register it in your name? It's true you'd acquire title, but since you'll be using the car primarily on your mother's account - i.e. for her benefit - this is not going to go against her best interests - you wouldn't be acting for your own gain.
I know our systems are a bit different, but since my insurers wouldn't insure me unless I were the registered keeper and owner of my mother's car that was what we had to do. And since I was in a foul mood anyway because I had to give up my own lovely elderly BMW for mother's tinny heap of French crap because she couldn't bear to part with it and I couldn't possibly afford to insure two cars, it seemed morally fair as well as above board.
How about a situation where a plaintiff claims: The family knew this person was dangerous and they did nothing to stop them - remember that terrible street market massacre in Santa Monica? Seems from what I was able to find out, that the old man had definite, longterm inability to drive safely - why did not the family get the car away from him?
Is your name on the title? If so, I believe that you could be sued as joint owner. Are you also an insured on the auto policy?
I don't believe that someone would have grounds to sue your mother simply for driving w/o a license though - it's not a civil cause of action unless someone else is injured. Driving without a license would be subject to issuance of a ticket though.
But I agree that you should find a way to ensure that she doesn't drive.
As POA, it is your responsibility to get that car off the road. Turn in the plates and cancel the insurance. Should she take to the road without license plates, the cops will pick her up faster than a donut.
If you have POA, and if it is active because your mother is incapacitated, you do have the authority to dispose of her car and use the proceeds for her benefit - such as by hiring cabs to take her where she wants to go, for example. Crack on with getting her car sold, I should.
I know our systems are a bit different, but since my insurers wouldn't insure me unless I were the registered keeper and owner of my mother's car that was what we had to do. And since I was in a foul mood anyway because I had to give up my own lovely elderly BMW for mother's tinny heap of French crap because she couldn't bear to part with it and I couldn't possibly afford to insure two cars, it seemed morally fair as well as above board.
I don't believe that someone would have grounds to sue your mother simply for driving w/o a license though - it's not a civil cause of action unless someone else is injured. Driving without a license would be subject to issuance of a ticket though.
But I agree that you should find a way to ensure that she doesn't drive.