Legal Question in Elder Law in Florida

Power of Attorney

As Power of Attorney for my grandmother diagnosed with Alzheimer's, am I responsible for her driving if she is in an accident? Someone told me that I could be sued personally because I know that she shouldn't be driving with this disease.


Asked on 10/18/08, 6:29 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Power of Attorney

You are not responsible for your grandmother based upon the power of attorney. Nonetheless, if she can no longer drive reasonably, I would think that you have a moral obligation, if nothing else, to do everything you can to get your grandmother to stop driving. That is the responsible thing.

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Answered on 10/18/08, 7:35 pm
Richard Bryan Richard Bryan Attorney PC

Re: Power of Attorney

Actually, I believe the physician is responsible for either taking mom's drivers' license, or reporting to the DMV. Why is mom still driving? If mom kills a child how could you live with yourself? Almost certainly simply by having Power of Attorney does not alone make you legally responsible if mom kills a family of six. But "almost certainly" is not the same as "certainly." As you know, in the US anyone can sue anyone else for the slimmest of reasons. The exact facts will determine whether the judge lets the case go forward. I wonder if you could be prosecuted for criminally neglegent homicide? Almost certainly not; that's not my field, but there's always a first time.

Rick Bryan

New York, NY

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Answered on 10/18/08, 11:07 pm


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