If my parent with dementia should get seriously injured or worse hit by a car and killed, would my husband, the POA, be liable?

When I was made POA for the health and finances for a married couple friends of mine and the wife became incontinent and started to wander, the lady I had hired to help care for her told me my friend was now a vulnerable adult and I would be held responsible if I didn't find a better situation to their living independently in their own condo. I began the final stages of getting them into a memory care apartment in an assisted living facility where the memory car floor is a locked facility and needs special key fobs to leave. It is expensive, but both she and her husband had long term care insurance which would help cover this, plus their pensions and social security. I was pleased with the care offered and the advice the nurse in charge could give to me as her frontal temporal dementia worsened. She only lasted another 5 months before her brain was shutting down and she could no longer swallow. They had all the paperwork about end of life care done when I was made their POA two years earlier and I am also the executor of their will, so I know what their wishes were should their estate have any money left. I make sure not one cent comes to me in the meantime, even for justifiable reimbursements for my travel costs between my house and the AL place. I am fortunate, in a sense, that there are no family members second-guessing my decisions or trying to get any of their estate, but I am trying to get the most meaningful things to them as I go through their condo and all the things they saved about their family heritage. I will not just discard them. It is like a second job and I have a lot to learn, but there is so much good advice out there that any questions I have are answered with good suggestions. It is important to get him in a secure facility, however you manage it. I had the same conversations 4 times with the husband who was adamant that they could live on their own and each time he agreed they should go to this facility and each time he forgot he had agreed. But the day of the move went well and I was able to make their "new" apartment look just like their bedroom and den in their condo where they spent all their time, so it looked like "home" when they got there. Once they were safe, the "emergency" was over and life could take its course without accidents or suffering. I keep the husbands family informed occasionally about his health and well-being, but they live far away and have their own troubles to deal with. They appreciate the information but I and my friend hear little back from them.

Until you get him in a secure facility, see about getting an ankle bracelet with an alarm and/or a pad to put next to his bed which sets off an alarm when he steps on it.

We would need KatieGirl to comment further; perhaps her husband is trying to get the parents or at least the father to go into a home but is meeting resistance.

I would seek a legal opinion from an attorney in your jurisdiction. I would specifically ask what duty, if any, an adult child has to an incompetent parent. Also, does your husband have Healthcare POA? If so, let the attorney he consults with know this.

I'd also explore protecting FIL's assets. If FIL wanders into traffic and causes others to get hurt, the injured or estate of the victims, may seek damages from FIL. The fact that the had dementia may not preclude him from liability. There are so many liability issues that could be possible. It sure seems like a risky thing to sit by and allow to happen. I'd get legal advice PRONTO and treat it as an emergency.

Let's just NOT plan protection from liability for the POA.
Let's just NOT focus on the inevitable serious injury or killed by a car.

Get your parent placed safely now. Focus on getting the care he needs unless the POA has everything to gain by doing nothing. imo.

Yes, it's called vicarious liability. In other words, he is liable just the same as you would be for a child.  It is negligent to put someone you're legally in charge of in a high risk situation like this.

Parents never expect money when they raise you from birth to adulthood, so why would anyone do the same for caring for a vulnerable elderly parent, just to save money on much needed care.  We are past the times of Charles Dickens with Oliver, surely.
 
Put their health and safety above money.

If you feel you have no say over this and you fear the worst, then report it to the relevant authority anonymously if you're worried about comeback.

In the U.K. we have Social Services for the elderly and disabled, as well as for children.

I'm confused why your husband was given POA for your parent though.  Is your husband controlling at home and appears like a saint to outsiders.  If so, report anonymously. This is your parent after all.

How would you like your children and their spouses to treat you.  Set an example, otherwise you might find yourself in the same crappy situation as your parent. 

I'm not sure of his liability, but your father in law definitely needs to be in a safer place. What is the reason your husband isn't pushing for in-home help or assisted living? You might not have the official authority, but you probably have a good enough relationship with your in-laws where you can talk to them and make suggestions. Who knows what could come from that.

I am hoping that someone else with a better grasp of the law can answer this.

It say the "parents", plural. So the father is living in his own home with the OP's MIL? Is she the obstacle/enabler?

Oh, I totally had mis-read this. Your father is wandering, not driving.....wow. I still don't think POA is responsible. People are going to "escape" all the time, how could a POA be insured that his loved one is really where they should be?
We have a Memory care facility in our neighborhood. Probably once a week, some resident sneaks out and this staff is really sharp and on task--the wanderers "sneak into" a group of people who go there to sing to them, and pow, you have a runner. There's one gent who escapes, walks about 100 yards and back and comes back to his room. He just needs to be free, I guess, but even though he IS wearing a "monitor" it cannot be heard over the sound of the doorbell (alarm) going off as we come and go.
I'd hate to be his POA.
Probably differs from state to state.

No, the POA is not responsible. If dad has a valid driver's license, you cannot stop them from driving. Not w/o drama.
Mother FINALLY stopped when she had her hip replaced and required the use of a walker, 24/7. Brother made her show him how she would maneuver that and herself into the car. She couldn't even begin to do it, so the car keys were taken and she figured out other transportation. At first she was beyond furious, as I am sure anyone would be--that's the last "freedom"! But when we asked her how she'd feel if she hit a child or caused a serious accident--she saw the light.
Sometimes it just takes a good talking to--sometimes you have to take the car keys or put a lock on the steering wheel.