Is a POA liable for the parent with dementia? - AgingCare.com

Is a POA liable for the parent with dementia?

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I keep reading all these posts that people with dementia cannot be held accountable for their actions. We have just initiated the POA and are in the process of peeling the onion. We are working diligently to put a plan in place but we cant just take the keys yet. Parents live at home, wont allow anyone in. Wont allow a driver. And are really ticked at us right now for getting into their business. They go out every day for lunch and dinner. If they have a car accident, are we liable as POAs?

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churchmouse and ruth: Insurance companies will not cancel until you have proof (receipt) that the plates were turned in to motor vehicles. Ruth, protect yourself by going down to the local police in person and ask for help.
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Ruth, contact your father's insurance company: they will cancel his policy, and notify him of that; but since his licence has been revoked his insurance will not be valid in any case.

Meanwhile, contact the police and provide them with the information. Tell your father that you are doing that, and that if he continues to drive he will be driving unlicensed and uninsured which - presumably? - is an offence.

I'm not sure about your liability. I suppose it would depend on what you are doing about either getting the keys to the truck or, alternatively, incapacitating the truck. If your father's dementia is well documented and your POA is now in force, you probably do have the authority to have his truck taken away.

Why not just call your local police and ask their advice. But he has to stop driving, NOW.
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My father has dementia diagnosed by his VA. His license has been revoked. His truck is still in his name as well as his insurance and registration. He refuses to give up driving. I am working on getting his keys myself. Am I liable as his POA if he has an accident in the state of Georgia?
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Legally a POA is not liable, but your parents are. They hit or kill someone, they could lose everything in a civil suit. Best you can do is notify the DMV in your state and request a driving evaluation. Some states do not require doctors to report diminished capacity to the DMV.
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If their doctor declines to give a firm opinion that they should not be driving, then you as a mere POA, having taken the steps you have taken, can hardly be held responsible for failing to prevent them. So, if they have an accident, no you won't be liable - but that's not the point, really, is it?

If they have an accident you will STILL feel like poo, and more to the point they and potentially other people may be injured or killed.

Perhaps you'd best work hard on the 'quit while you're ahead' argument: an honourable retirement from driving, with a long, unblemished record, is something to be very proud of. And will entitle them to become official back seat drivers for the rest of their lives… enjoy!
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clarification - Their Car registration and inspections had lapsed but are now current. Their auto insurance and DLs are current. I rode with him in December and other than reminding him where he needed to go, which was somewhere he had never been to before, he did fine. Can we force them to take a driving test? Or is this "age" discrimination? Two weeks ago we asked their Dr. to put in writing that they not drive. He did as a suggestion.
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I think guardianship and agent acting as power of atty are being confused here. Check with the ADA clerk in your local area. I cannot see how being a POA could possibly make you criminally liable,. which is what I am hearing so far.
The POA lists what you are responsible for once you spring it.

POA is revocable by the principal whether mind is sound or not. Save yourself a lot of grief, call the clerk they will have the answer you look for.
Good Luck
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I don't know the answer about how much liability a POA has regarding driving. But morally, if not legally, I think the POA or any adult child aware of the situation, has a responsibility to ensure that the public is not endangered by actions of the parent. You can report your concerns in writing, anonymously, to the Texas Department of Public Safety. Of course, if their license is already revoked that particular remedy isn't going to help. I don't know what else the DPS can do, but it would be worth starting there.

Also, without any exception, the moment you know that one of them is behind the wheel, report them, for their own and the public safety.
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Agree. If they have no licence or registration - which must necessarily mean no insurance, either - but are still driving, then even if you can't take the keys I assume the police can. Tell them the next time you see or hear of them getting into their car you're calling the cops.

And do it.

Take heart, by the way. For what it costs to own and run a car they can buy an awful lot of cab journeys. Their dining out days needn't be over quite yet.
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I see in your other post they have no license or registration. You have knowledge they are breaking the law. You have not reported it and any good lawyer will take you for all you are worth.
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