Is a POA & daughter responsible if a parent gets into an accident driving?
My mother had a stroke and brain damage from PRES. This has changed her personality,impaired her judgement, impuse control, logic & reaction times.She is volatile & angry. Specifically with me. I am now considered to be her enemy in all things. Unfortunately there is no legally required re-testing for driving ability in Virginia. You are not supposed to drive until 6 mths after the stroke...that's it.I have had the car at my residence and my daughter took on the Medicaid paid postion of being her companion. Now my niece has moved in with my mother & taken on the companion position since my daughter returned to college. The car now is at my mother's apartment . She is constantly telling my niece that she will drive the car with my niece as passenger. My niece is a wreck because she does not want to be in the car if she does, is afaid of what will happen if she attempts to drive alone, and does not want to give her the keys or face the anger.
My major problem is that the doctor's are all giving my mother a super positive attitude. She has really come a long way from the state she was in after being in intensive care for 3 mths. They are saying that there is no reason that she couldn't drive "someday".While I appreciate their efforts to try to keep mom positive and with a goal , they are not recommending that she get specific testing done for driving abilities.Mom also has ONE artery open to her brain that was opened during surgery. All other arteries to her brain are blocked. I was also told that this means that the rest of her arteries are in the same clogged state.
My mother manages to appear put together and rational during her doctor's appointments. Any sign of frustration or anger is thought to be understandable . I am given no help with the situation. No one will even recommend some kind of testing. There is a program that she can enroll in but she would have to be willing,since it is voluntary, and she would have to aPy $400., which she does not have. And neither do I.(Finances are another where we are at topic that would take another volume to worte about.)
My greatest fear is that she will get in the car by intimidating my niece or by stealth and hurt or kill someone and/or herself. It seems I have no legal way to stop her.
1 Answer
