QUESTION
What is my liability if she drives and has an accident if I am the medical POA and POA for my 84 year old aunt?
Asked on May 01st, 2014 on Personal Injury - Rhode Island
More details to this question:
She has been in the hospital and nursing home for the past 2 years. She is now home and she wants to drive her car. I feel she is not able to drive and have told her so but she is adamant about driving. She takes medication that says do not operate a vehicle when taking.
6 ANSWERS
Ronald A. Steinberg
Take away her keys. I don't think you could be liable but if she gets hurt or hurts someone, you will feel guilty.
Answered on May 05th, 2014 at 6:37 AM
Edwin K. Niles
Good question. POA doesn't give you the right to restrain her, I don't think. Make sure she has insurance with high limits. You could try hiding the keys, but that might cause a breach in your relationship.
Answered on May 01st, 2014 at 7:41 PM
Thomas Edward Gates
Neither the POA for finance and POA for health care give you any liability exposure. These instruments do not cover the acts of the principal.
Answered on May 01st, 2014 at 10:15 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have no personal liability. You should tell her doctor and maybe the DMV. A police officer telling her not to drive might be more effective than your telling her the same. she very likely may kill herself and others if she is heavily medicated.
Answered on May 01st, 2014 at 10:14 AM
James Eugene Hasser
You may have liability, particularly if you allow her to drive knowing she is an incompetent driver. If she drives without your permission and has a wreck, you probably would not be held liable.
Answered on May 01st, 2014 at 10:00 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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You might have a residual liability if you enable her.
Answered on May 01st, 2014 at 9:59 AM