Legal Question in Civil Rights Law in Louisiana

I have a family member, age 97, who had a seizure while in the hospital 3 months ago. �The medical records state he is unable to drive and will be re-evaluated 6 months from seizure date. �We were told Louisiana law states when diagnosed with a seizure you are are not allowed to drive a motor vehicle for 6 months. �The police have taken his drivers license from him and he is required to take a class and test before being allowed to drive again. �He wants the keys to his car and is determined to drive now even though he is aware it is against the law. �He is threatening to sue family members if we do not return his car keys to him. �

� What can we do to prevent him from driving?

� Is he entitled to have his keys returned to him?

� What liability do we have if we give him the keys and he gets into an accident?

� Can he hire an attorney and sue us and if so do we need an attorney to defend a lawsuit?


Asked on 10/02/12, 9:29 pm

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

I would suggest asking him if you can help him find an attorney to discuss the matter of driving with him. This way he can hear it from someone other than family. The consultation fee would probably be minimal. You may be able to contact Council on Aging and they could suggest someone or they might have someone who does legal counseling. There is probably nothing for which he can sue you. He is an adult who has not been interdicted, so you have no liability and he can make his own decisions. At this time, he will benefit from some guidance and counseling. As he is not open to it from his family, a trusted medical provider or legal counsel he chooses, would be the best option.

Read more
Answered on 10/03/12, 5:24 pm


Related Questions & Answers

More Civil Rights Law questions and answers in Louisiana