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? 9 Answers as of May 05, 2014

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.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Take away her keys. I don't think you could be liable but if she gets hurt or hurts someone, you will feel guilty.
Answer Applies to: Michigan
Replied: 5/5/2014
Law Ofices of Edwin K. Niles | 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.
Answer Applies to: California
Replied: 5/1/2014
Candiano Law Office
Candiano Law Office | Charles J. Candiano
You are right to be concerned. Ask her doctor to make the call. This is NOT your decision or your liability.
Answer Applies to: Illinois
Replied: 5/1/2014
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
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.
Answer Applies to: North Carolina
Replied: 5/1/2014
Darrell B. Reynolds, P.C. | Darrell B. Reynolds
The POA does not create any liability for you if the act is committed by her.
Answer Applies to: Georgia
Replied: 5/1/2014
    Gates' Law, PLLC | Thomas E. 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.
    Answer Applies to: Washington
    Replied: 5/1/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim 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.
    Answer Applies to: Alabama
    Replied: 5/1/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You might have a residual liability if you enable her.
    Answer Applies to: Michigan
    Replied: 5/1/2014
    John Russo | John Russo
    You are on a slippery slope with this no matter what anyone tells you. If I read this correctly you have both medical and financial POA's on you'r aunt, correct? If she is involved in an accident that is determined to be her fault then there is no argument that she would be liable, the next issue is you, and where you may end up on the question of liability. This will depend on the wording of the POA's, but chances are a strong legal argument could be made that since you have/had control over these issues, i.e. stopping her from driving etc. then you are culpable in any liability that attaches to her. Will they prevail on that argument? Who knows, but that should not be a risk you are willing to take.
    Answer Applies to: Rhode Island
    Replied: 5/1/2014
Click to View More Answers: