By of Deloughery Law, PLC posted in Guardianships on Thursday, January 2, 2014.
You may need a guardianship if your elderly parent or loved one won't stop driving. It's a little crazy that Arizona has such lenient requirements for drivers licenses. There initially given out for 30 years at the time. Then renewing for an older person is as easy as taking an eye exam and paying the renewal fee. There's no requirement that a senior citizen knows the traffic laws or can find her way back home. Sometimes the only way to prevent your elderly loved one from endangering themselves (and others) by driving is to have a guardianship put in place.
From most individuals' standpoints, driving is as cherished a right as having a checking account with access to money. A lot of times, older people seem more upset about having their driving privileges taken away then they are about having been moved to a care facility.
If you have a loved one is insisting on driving even though you know it would be dangerous, here's what you need to know:
First, if you're older loved one causes an accident, you are probably not going to be personally responsible. However, a judgment against your loved one and a being paid out of his or her personal assets, including assets held in a revocable living trust. (A revocable trust do not offer as a protection in a situation like this, contrary to many people's beliefs.)
Second, if your loved one has a drivers license and insists on getting his or her car back, you can't stop him or her, even with a general power of attorney. But, you can take away your loved ones driving privileges by means of having a guardian appointed.
From most individuals' standpoints, driving is as cherished a right as having a checking account with access to money. A lot of times, older people seem more upset about having their driving privileges taken away then they are about having been moved to a care facility.
If you have a loved one is insisting on driving even though you know it would be dangerous, here's what you need to know:
First, if you're older loved one causes an accident, you are probably not going to be personally responsible. However, a judgment against your loved one and a being paid out of his or her personal assets, including assets held in a revocable living trust. (A revocable trust do not offer as a protection in a situation like this, contrary to many people's beliefs.)
Second, if your loved one has a drivers license and insists on getting his or her car back, you can't stop him or her, even with a general power of attorney. But, you can take away your loved ones driving privileges by means of having a guardian appointed.
This is an uncomfortable situation that many adult children with senior parents are having to face. It is especially gut-wrenching when the elder parent has dementia because he or she can be extremely verbal and can get other friends and relatives to take his/her side (against you).
You are not alone. We have helped dozens of people in this very situation. And we can help you. We are familiar not only with the law ... but also with the psychology and family dynamics at play.
Take the first step and contact us for a free consultation. Our office is in Scottsdale, Arizona.
Visit our website @ http://www.delougherylaw.com/
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