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Here are some tidbits that are relevant to the conversation but don't answer everything.
Some states impose an obligation to report elder abuse, which can include self-neglect, when you know about it, and no matter what your relationship is with the elderly person. https://www.dfps.state.tx.us/Contact...port_abuse.asp
Some states have a surrogate decision maker statute that will allow you to interact with medical personnel, etc. even if you are not appointed as their guardian or the agent under their power of attorney.
(see 313.004 in this link): HEALTH AND SAFETY CODE CHAPTER 313. CONSENT TO MEDICAL TREATMENT ACT
I am a lawyer but I don't know for sure about the legal liability of a child for the actions of their parent, but I am pretty sure that you are not liable for their actions solely because of their relationship to you. That doesn't mean that you won't face a LOT of social pressure (and pressure from your own conscience) to take care of things if your parents are in a bad situation. But I don't think you'll be held liable for anything if they burn down the house, etc. unless (as already pointed out) you're specifically appointed as some sort of fiduciary (guardian or power of attorney). But it is possible that if there is a state law like Texas's, and if it could be shown that you knew they were a danger to themselves (part of "self-neglect" and elder abuse) and did not contact adult protective services (or the equivalent), then you MIGHT have a liability problem.
Again, I'm not sure, but those are my musings.
POA doesn't even make a person responsible for more than perhaps contacting someone. How could it? Like with my sit, what am I supposed to do? What can any of us do? If my brother falls and cracks his head, how could we prevent that besides forcing into nursing home against his will, something we cannot even legally do?
I CHOSE to 'force' my gma into the ALF side. I had the person who does the evaluation come and make the decision. But I had NO other method of 'forcing' that. The facility did. Or caregivers. I was lucky she didn't argue about those. And that she had the funds for such. But had she said no and revoked my financial POA I could not have gotten caregivers even.
Hmmm. Specifically I'm worried about not intervening when parent insists on driving with impaired vision. We don't live in their city so we can't go over and remove keys.
That's a tough one. Driving with impaired vision, together with the slower reaction time of a senior, can add up to someone being maimed or killed. I'm imagining a nightmare situation where the elder with impaired vision accidentally T-bones a school bus, or plows into a group of pedestrians, etc.
I don't know about the legal responsibility, but I think I would at least contact their physician (who can't discuss their individual issues with you) and ask what a doctor would do if the doctor thought the elderly patient couldn't see well enough to drive safely. I'm wondering if the doctors have a protocol to contact the state Department of Motor Vehicles.
That's a tough one. Driving with impaired vision, together with the slower reaction time of a senior, can add up to someone being maimed or killed. I'm imagining a nightmare situation where the elder with impaired vision accidentally T-bones a school bus, or plows into a group of pedestrians, etc.
I don't know about the legal responsibility, but I think I would at least contact their physician (who can't discuss their individual issues with you) and ask what a doctor would do if the doctor thought the elderly patient couldn't see well enough to drive safely. I'm wondering if the doctors have a protocol to contact the state Department of Motor Vehicles.
They do and they do such all of the time. for a temporary situation, a Dr can clear a person to get their DL back.
It is my understanding that Maryland does not require physicians to notify DMV. Several years ago one of my father's physicians told him he could not drive until she had evidence that he was using his CPAP on a regular basis. She warned him that she was going to note this in his medical record, but that's it. Even the physician who diagnosed him with Alzheimer's did not inform the DMV.
OTOH, I recall one instance when my sister, a visiting nurse, found a home care client in such a terrible condition that she notified the police. It was my understanding that the daughter who was responsible for managing her mother's medical care was charged with neglect. Whether the charges were later dropped or whether the case went to trial, I don't know. But knowing our local cops I can guarantee you that she was charged. (Note that this was an extreme case of neglect.)
It is my understanding that Maryland does not require physicians to notify DMV. Several years ago one of my father's physicians told him he could not drive until she had evidence that he was using his CPAP on a regular basis. She warned him that she was going to note this in his medical record, but that's it. Even the physician who diagnosed him with Alzheimer's did not inform the DMV.
OTOH, I recall one instance when my sister, a visiting nurse, found a home care client in such a terrible condition that she notified the police. It was my understanding that the daughter who was responsible for managing her mother's medical care was charged with neglect. Whether the charges were later dropped or whether the case went to trial, I don't know. But knowing our local cops I can guarantee you that she was charged. (Note that this was an extreme case of neglect.)
Did she live with her or visa versa? I am curious, outside of guardianship, how someone becomes responsible for another.
I'm thinking of like my mother living with me and I don't have guardianship but she can't take care of herself and I do nothing, contact no one. I would hope that would be neglect.
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