Legal Question in Elder Law in Massachusetts
alzheimers and driving
I am wondering if I am liable for any damages my mother may cause while she is still driving. She was diagnosed with Early On Set Alzheimers in 2005. Someone told me that as her only child and primary care giver/helper (she still lives on her own in her own home) that I could be looked at as Aiding and Abetting because I am aware of her alzheimers and deteriorating condition. Can you shed some light on this subject for me please!
1 Answer from Attorneys
Re: alzheimers and driving
I have practiced elder law for 9 years, and am unaware of any cases in Massachusetts in which a caregiver had been held liable for the elder's driving. That fact will not make your job as a caregiver any easier, but you shouldn't worry about getting sued.
Having said that, if your mother's illness is beginning to impair her ability to drive, you need to start having a conversation with her about finding other ways of getting around. You can expect that this discussion will not go well. You may need to hide her keys or disable her car if you believe she's at risk.
You should also approach her physician with any concerns you may have and have him evaluate her vision, memory, and reflexes. If she is impaired, you can contact the Registry of Motor Vehicles with the information. If your mother is still actually able to drive, contact the local Council on Aging to find out about refresher courses for older drivers.
I STRONGLY suggest that you contact the Massachusetts chapter of the Alzheimer's Association. They have fabulous resources for caregivers and can provide you with additional information and support.
Please do not hesitate to contact me if I can be of further assistance.
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