Legal Question in Elder Law in Arizona

Elderly mother loans car to unlicensed grandson

My mom has been pressured by her 17 year old grandson to loan him her car. He does not have a license and my siblings, other than the sister of the boy, have repeatedly talked to her and the boy about the consequences of her action. Each agree, but then we find it has happened again. In the past the boy has been very forceful to actually take the keys away from Mom. We have since moved her to a retirement community. Previously my sister(A) and her son(s) lived in my Mom's house and my mom was verbally abused and on 2 occassions physically abused by this boy. That is why my older sister(B) and I moved Mom to a place where my sister(A) and son could not live with Mom anymore. However the boy continues to ask for the car and I'm not sure how forcefully he pursues it. My mom has also made some recent poor financial decisions such as agreeing to sell a $35,000 property for $2500. Sister(B) has durable power of attorney. What can we do to protect my mom? Her memory is moderately impaired.


Asked on 5/25/06, 12:06 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: Elderly mother loans car to unlicensed grandson

You must take action immediately to protect your Mom, both from physical/emotional abuse, and from financial exploitation. If sister B has her durable power of attorney, and the POA contains sufficient authority to take action, she may take all necessary action to protect your Mom and her interests. If the POA is inadequate, then you need to petition the court for appointment as guardian and conservator. You can also make a criminal complaint against the 17 for elder abuse and exploitation. Your Mom should have a neuro-psychological evaluation to determine what her current capacity actually is. It is necessary to have a doctor's determination regarding her capacity, in order to get a guardian and conservator appointed. Taking the car away from her is always traumatic for the senior, but it sounds like a necessity. She is exposed to great financial risk with her giving her car to an unlicensed driver of any age, but a teenager involves the highest risk of all.

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Answered on 5/25/06, 12:47 pm


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