Car insured but owner does not drive?

[Dragonbits]

You didn't say that, you said 'early signs of dementia' or something like that. A far cry from legal incompetence.

If she is legally incompetent then your actions in handling this are even less appropriate.

True, IMO she isn't legally incompetent. But that is something that can change quickly.

This seems far afield from my original question, but to ease your mind, I have a durable power of attorney for my mother that includes real property.

I like to include her on any decisions that involve her property, when people reach an advanced age they feel like they are losing control over their lives. So I do this out of consideration for her. But legally I can do whatever I deem in her best interest without involving her at all.

 

[Dragonbits]

Your relationship with your parent is weird.

She is 92 and has dementia. How much 'arguing' could there be?

Cath her in a good mood, "Mom, it's time to get rid of the car, sign this so I can sell it for you."

You should be reporting her mental condition to the DMV so she can't try on her own.

If you insist on inaction, you might want to sabotage the vehicle as well as keeping the keys. She may have one secreted somewhere. Something simple like removing the ignition module would work.

xylene

You have a legal misconception.

Such a letter to the DMV, has absolutely no legal standing and would either be ignored or perhaps the DMV would send you a return letter explaining the legal steps you need to take to accomplish that goal.

Common sense tells you that this is the situation. IF you could just write a letter, then angry spouses and angry children could screw with your life.

 

[Zigner]

xylene

You have a legal misconception.

Such a letter to the DMV, has absolutely no legal standing and would either be ignored or perhaps the DMV would send you a return letter explaining the legal steps you need to take to accomplish that goal.

Common sense tells you that this is the situation. IF you could just write a letter, then angry spouses and angry children could screw with your life.

You are correct, but your statement about "common sense" is false. Many states allow for just such a report in order for the state to begin an investigation in to an unsafe driver. "Common sense" would say that it's in the state's best interest to investigate reports from family members about unsafe elderly drivers. Illinois is in the minority in that it only allows a report from a police officer.

 

[xylene]

Are you really saying your Mom's doctor is willing to falsify a medical report?

Ask a policeman to report her or have her doctor do so. Or the judge you got the POA from.

People play nasty tricks on people all the time, it doesn't change that there is a process for ensuring those with a serious medical condition do not drive. I also doubt that zero action would be taken, evn if it does not rise to the level of removing the driving privilege.

 

[LdiJ]

You are correct, but your statement about "common sense" is false. Many states allow for just such a report in order for the state to begin an investigation in to an unsafe driver. "Common sense" would say that it's in the state's best interest to investigate reports from family members about unsafe elderly drivers. Illinois is in the minority in that it only allows a report from a police officer.

There is even a program here in Indiana where a family member can report an elderly, unsafe driver and have it be anonymous (kept from the elderly person) they are just sent a letter that they must do some extra testing in order to keep their driver's license. If they are not safe they fail the extra testing. The Alzheimer's association is where I learned about the program.

 

[Zigner]

There is even a program here in Indiana where a family member can report an elderly, unsafe driver and have it be anonymous (kept from the elderly person) they are just sent a letter that they must do some extra testing in order to keep their driver's license. If they are not safe they fail the extra testing. The Alzheimer's association is where I learned about the program.

Right - but Illinois doesn't allow for that, which is unfortunate (in my opinion).

 

[LdiJ]

Right - but Illinois doesn't allow for that, which is unfortunate (in my opinion).

Yeah...Illinois did not yank my great aunt's license until she was 96, and you wouldn't believe how many times my dad had to drive from Indianapolis to wherever she was, to rescue her because she was lost and couldn't understand directions people were giving her. He must have done it a dozen times the last year she was driving.

 

[Dragonbits]

Are you really saying your Mom's doctor is willing to falsify a medical report?

Ask a policeman to report her or have her doctor do so. Or the judge you got the POA from.

People play nasty tricks on people all the time, it doesn't change that there is a process for ensuring those with a serious medical condition do not drive. I also doubt that zero action would be taken, evn if it does not rise to the level of removing the driving privilege.

You people would be terrible in court

Making a lot of assumptions of things not in evidence.

I knew what I could do about the DMV years ago, but there isn't any need to do anything. For multiple reasons, she won't go to the DMV without me and also near the top of the list is you need keys to a car to drive there to take a test. It would also help to know where the DMV Is.

The whole DMV debate is a another red hearing. None of this DMV debate stops anyone from driving a car, now does it? You don't need a license to drive, just need a license to drive legally.

 

[Dragonbits]

You are correct, but your statement about "common sense" is false. Many states allow for just such a report in order for the state to begin an investigation in to an unsafe driver. "Common sense" would say that it's in the state's best interest to investigate reports from family members about unsafe elderly drivers. Illinois is in the minority in that it only allows a report from a police officer.

Thank you, you can also get a licensed physician to report it, but of course the state only investigates, and it's 60/40 whether my mother would pass an investigation or not, I think she might well pass.

I am not sure what a driving investigation entails, but 12 months ago her physician certified she is rational and can make her own decisions, though she has short term memory problems. But these situations tent to deteriorate at different speeds.

I thought the forum rules were about Illinois only law, not other states. Is there a valid point to talking about other states?

My wife was driving in Thailand since she was 16 but didn't get a license till she was 32. People stack merchandise 8 feet high on scooters. We could also discuss Thai driving rules if the forum regulars want to. Vietnam driving is even crazier, in Cambodia my "taxi" driver sat in the middle between two passengers in the front so he could jam in more people and drive us all 150 km to Siem Reap. I didn't think he could brake like that, at least he put the native passengers in the front seat.

Suffice it to say off hand I don't know what the rules are in other states, if I needed to know I would research it.

But I am not attacking you, only using your post to point out the obvious, and thanks for pointing out Illinois law.

 

[Zigner]

Bless your heart

 

[Dragonbits]

FWIW: I posed the original question because I read so many situations on this forum of people who had done foolish things, have an accident then try to "fix" the past and live to regret it.

I thought it better to ask what might happen if I did something before I actually took and action, and before a problem like an accident happened. You know, get ahead of it?

I have decided to take no action, leave the car insurance as is, her car remains insured and my mother a named insured for liability protection, not allow her to actually drive by not giving her any functional car keys.

The only other choice is to transfer title to the car to myself and have the policy rewritten, which isn't really cost effective and is more time consuming.

 

[Zigner]

Sounds like a plan. I am pleased that you are being proactive about this matter and wish the best of luck to you and your mother.

 

[Dragonbits]

Bless your heart

As in, blessed be the meek??

 

[Zigner]

Nah, that's not what I was going for...

 

[PayrollHRGuy]

I think the Urban Dictionary definition of the phrase fits better. But that's just me.