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, 2014She 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.
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
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