Legal Question in Elder Law in Florida

If a 92 year old man with spinal stenosis and macular degeneration still insists on driving his own car near his home in southern Florida, can his power of attorney be help responsisible if he is in a car accident, and she does not live near him and does not have control over his daily actions - she just uses the poa for help with medical, banking, and insurance forms.


Asked on 8/25/09, 12:43 am

2 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

No, the attorney-in-fact is not responsible merely because they have POA.

The only way I can think that another person could be held responsible is if a person knew he was not fit to drive and the person was negligent in allowing/enabling him to drive. For example, with POA, you may be able to renew his driver's license, car registration, car insurance; and it could be argued that by doing so you enabled him to drive knowing he could hurt or kill someone. "It could be argued" does not = liable; it's for a jury to decide.

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Answered on 8/25/09, 8:14 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

No (just like I said before).

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Answered on 8/25/09, 9:04 am


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