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Old 08-15-2012, 08:22 PM
 
10,819 posts, read 8,073,350 times
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Quote:
Originally Posted by Escort Rider View Post
I do not believe there is any legal right for adult children to take the car, or the keys, away from their parent(s) in the absence of a legal guardianship (called "interdiction" in many states). If they can do so and get away with it, more power to them, but it could be a very dicey situation to be accused of grand theft auto if the old person decides to go that route.
You made me look. We still have the keys, altho the car (with battery cables unhooked) is in MIL's carport. We called the county attorney, a family friend, and he told us that for auto theft to come into play, at a minimum there would have to be evidence, or at least reason to believe, that we intend to take and/or use the car, without her permission. So we're good.
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Old 08-15-2012, 08:40 PM
 
Location: Ohio
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Originally Posted by biscuitmom View Post
Plus the children can be sued on the basis they knew their parent was cognitively or visually impaired but failed to act. This happened a few years back in Dallas.
I find that hard to believe. I don't think kids can be held liable for the actions of their parents.

In the case you mentioned, what about their family doctor, why wasn't he held responsible for not calling the DMV and infroming them that they should no longer drive?
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Old 08-15-2012, 09:02 PM
 
Location: Los Angeles area
14,018 posts, read 17,754,097 times
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Originally Posted by newenglandgirl View Post
It could be dicier for adult children to have to escort their aged parents to court for a big lawsuit in a fatal or even terrible road accident...that is, after the old one gets out of the hospital her/himself. I read the statistic recently (wish I had saved it) about how many old people are on the roads illegally, either with expired license or registration or both, either having failed to renew or having failed the vision test. When it comes to human life, I say legal shmegal, get them off the road. I would do jail time myself if I had an elderly relative who is a demonstrated or high-potential risk to human life and I took steps, like it or not. Our community is still hurting from the beautiful young college girl killed right in front of her family home by an elderly woman (89) not from this country who had no license.
Sure, I know all that, and I basically agree. I was just making a point about the legal situation.
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Old 08-15-2012, 09:10 PM
 
Location: Near a river
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Originally Posted by Escort Rider View Post
Sure, I know all that, and I basically agree. I was just making a point about the legal situation.
With seven million boomers coming up on very old age, I'd say legislation is going to be developed pretty soon.
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Old 08-15-2012, 09:20 PM
 
Location: Ohio
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Originally Posted by newenglandgirl View Post
With seven million boomers coming up on very old age, I'd say legislation is going to be developed pretty soon.
True....but you just can't start taking away people's right to drive without other means of transportation being available.

There needs to be some sort of affordable shopping services available, you can't expect the elderly to lug home all of their groceries on a bus, etc.

Perhaps require people on welfare to drive the elderly to stores so they can shop.

It's a big problem with no easy answers.

One thing that piqued my interest recently was the news about cars that can drive themselves......now THAT would be the perfect solution.
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Old 08-15-2012, 09:38 PM
 
Location: Baltimore, MD
3,745 posts, read 4,222,137 times
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Quote:
Originally Posted by Annie53 View Post
True....but you just can't start taking away people's right to drive without other means of transportation being available.

Of course the gov can do this. Driving is a privilege, not a right...blah, blah, blah.

There needs to be some sort of affordable shopping services available, you can't expect the elderly to lug home all of their groceries on a bus, etc.

Poor people do this all the time.

Perhaps require people on welfare to drive the elderly to stores so they can shop.

That would be funny. No thank you. I'll starve first.

It's a big problem with no easy answers.

One thing that piqued my interest recently was the news about cars that can drive themselves......now THAT would be the perfect solution.
I'll be dead before an affordable car that drives itself is available. At this point, I'd settle for the new Subaru Outback with "collision avoidance". But even that is a bit pricey. Too bad they don't alert for stop signs or red lights. Now, that would be awesome!
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Old 08-15-2012, 09:52 PM
 
10,819 posts, read 8,073,350 times
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Quote:
Originally Posted by Annie53 View Post
I find that hard to believe. I don't think kids can be held liable for the actions of their parents.

In the case you mentioned, what about their family doctor, why wasn't he held responsible for not calling the DMV and infroming them that they should no longer drive?
?? In Texas, there's no provision for doctors to notify the DMV. I'm interested in how that works, in other states. I'd love to lobby here for it. Here, families can ask the doctor to fill out a form and then use that to *try* to make a case but many doctors are reluctant to get involved.
My MIL's doctor made it plain that he wouldn't fill out and sign the form, although (his words) "she has no business driving".
All I know about this case it that it made it to civil trial, jury was selected, and then the case was "settled" a few days later, before testimony began. Here in Texas, "settled" is code for the plaintiffs paid up something.

edit to add: Important to remember this was a *civil* suit, not a criminal trial. The woman's children broke no criminal laws but they were susceptible to civil liability.

Last edited by biscuitmom; 08-15-2012 at 10:01 PM..
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Old 08-15-2012, 10:08 PM
 
Location: Ohio
15,165 posts, read 13,444,634 times
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Quote:
Originally Posted by biscuitmom View Post
?? In Texas, there's no provision for doctors to notify the DMV. I'm interested in how that works, in other states. I'd love to lobby here for it. Here, families can ask the doctor to fill out a form and then use that to *try* to make a case but many doctors are reluctant to get involved.
My MIL's doctor made it plain that he wouldn't fill out and sign the form, although (his words) "she has no business driving".
All I know about this case it that it made it to civil trial, jury was selected, and then the case was "settled" a few days later, before testimony began. Here in Texas, "settled" is code for the plaintiffs paid up something.
You reminded me of something.

What about people of any age who have medical conditions that could make them dangerous drivers?

Two that come to mind are epileptics and diabetics. How many times have you read about a diabetic that passed out at the wheel? Many times with their kids in the car.

Yet, you don't hear people demanding that diabetics, etc. be monitored closely regarding their safety to drive.....or having their licenses taken away.

Who's job is it to restrict/monitor their driving? Themselves, their family, their doctors?
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Old 08-15-2012, 10:25 PM
 
10,819 posts, read 8,073,350 times
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Quote:
Originally Posted by Annie53 View Post
What about people of any age who have medical conditions that could make them dangerous drivers?

--------
Who's job is it to restrict/monitor their driving? Themselves, their family, their doctors?
All of the above. Hopefully someone - they, their family, or their doctors - will have the common sense and courage to get them off the roads, stat.
There's zero difference between these and drivers who drink and drive.
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Old 08-16-2012, 01:03 PM
mlb
 
Location: North Monterey County
3,194 posts, read 2,861,612 times
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Quote:
Originally Posted by Annie53 View Post
I find that hard to believe. I don't think kids can be held liable for the actions of their parents.

In the case you mentioned, what about their family doctor, why wasn't he held responsible for not calling the DMV and infroming them that they should no longer drive?
If the kids were intent on inheriting their parents' money - they can kiss that goodbye. The estate will be sued.

I'd check your state laws to see if children can be held liable.

My dadinlaws doctor told him to stop. Did not report them to the DMV. He simply let his license expire.

WE reported them both to the DMV - and now the DMV will not let us know what happened nor the status of their licenses.
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