Can I be liable?

[smilejunkie]

New Jersey

My Mother has recently been diagnosed as having Alzhemizers.
The Doctor has recommended that she discontinue driving.
If she was the cause of a major accident, can I be held liable because I did not remove vehicle? She owns the vehicle but
I have her POA.

 

[Ohiogal]

New Jersey

My Mother has recently been diagnosed as having Alzhemizers.
The Doctor has recommended that she discontinue driving.
If she was the cause of a major accident, can I be held liable because I did not remove vehicle? She owns the vehicle but
I have her POA.

What type of POA do you have? Are you her guardian?

 

[quincy]

Here is a link to New Jersey’s Power of Attorney Act:

https://casetext.com/statute/new-jersey-statutes/title-46-property/chapter-462b-revised-durable-power-of-attorney-act

There are different types of POAs (e.g., medical, financial). How the POA document is written determines what the agent (you) is authorized to do on behalf of the principal (your mother). But all POAs require that the agent act in the principal’s best interest.

Regardless of the type of POA you have and potential liability, if your mother’s doctor has advised that she no longer drive, it probably would be in everyone’s best interest that she no longer drive.

Taking her car and car keys away will rob her of her independence, which can be devastating for her. You should have in place other means of transportation available to her and make use of these now, to ease her into the transition.

 

[Zigner]

Wait...let me get this straight.

A medical professional has stated that, in his/her opinion, your mother is unsafe to drive. You, apparently, agree with the doctor. You also have the ability to remove your mother's access to her vehicle. You are here because your first concern is that you might be liable if your mother causes an accident, as opposed to being concerned about the possible shattering of the lives of numerous other people when/if your mother causes an accident.

When I put it in that light, your course of action seems clear to me.

 

[smilejunkie]

Wait...let me get this straight.

A medical professional has stated that, in his/her opinion, your mother is unsafe to drive. You, apparently, agree with the doctor. You also have the ability to remove your mother's access to her vehicle. You are here because your first concern is that you might be liable if your mother causes an accident, as opposed to being concerned about the possible shattering of the lives of numerous other people when/if your mother causes an accident.

When I put it in that light, your course of action seems clear to me.

Thanks for the assumption

 

[zddoodah]

No one here can intelligently say, without doubt, that, under the circumstances you described, the possibility of you being held liable is zero. However, IMO, the chances are pretty darn low.

 

[adjusterjack]

New Jersey

My Mother has recently been diagnosed as having Alzhemizers.
The Doctor has recommended that she discontinue driving.
If she was the cause of a major accident, can I be held liable because I did not remove vehicle? She owns the vehicle but
I have her POA.

I suggest you notify the DMV of the diagnosis so her license can be suspended if necessary. The process is outlined at:

MedicalConditions_4_19_06.indd (state.nj.us)

Then remove the car and get it sold.

 

[quincy]

What my family did with my grandmother, after she had several fainting spells and her doctor said she should not drive, was we let her keep her car keys and her car but we disabled the car so she couldn’t drive it. And after the advice of her trusted doctor, she never actually tried to.

But the fact that she still had the car seemed to give her some hope that one day she might be able to drive again.

It was a difficult decision to make because she had always been a very independent person. It was for everyone’s safety on the roads that the decision was made.

 

[LdiJ]

New Jersey

My Mother has recently been diagnosed as having Alzhemizers.
The Doctor has recommended that she discontinue driving.
If she was the cause of a major accident, can I be held liable because I did not remove vehicle? She owns the vehicle but
I have her POA.

Did you at least remove the keys from her possession? When my dad was diagnosed with Alzheimer's my mom took his car keys first, and then later removed the car.

 

[quincy]

Driver’s licenses in New Jersey are renewed every four years so the license will expire on its own.

 

[adjusterjack]

Driver’s licenses in New Jersey are renewed every four years so the license will expire on its own.

Could be dangerous to wait. She could go out and kill somebody tomorrow.

 

[Zigner]

Driver’s licenses in New Jersey are renewed every four years so the license will expire on its own.

While true, that may mean that the license could remain valid for most of 4 years from now.
If the OP doesn't want to report this to the state, then the doctor should. The procedures are outlined in the brochure that adjusterjack linked to.

 

[Zigner]

Could be dangerous to wait. She could go out and kill somebody tomorrow.

^^^^^
That
(Although, the process would take some time, of course.)

 

[quincy]

While true, that may mean that the license could remain valid for most of 4 years from now.
If the OP doesn't want to report this to the state, then the doctor should. The procedures are outlined in the brochure that adjusterjack linked to.

New Jersey law requires physicians to report certain medical conditions of patients to the MVC if the conditions make driving unsafe.

https://www.state.nj.us/mvc/drivertopics/reportconcern.htm