A few months ago my 93-year-old mom totaled her car in a two-car accident that was her fault. The other driver sued, and the insurance company settled it, to my knowledge. Now mom has received a subpoena to appear in court. With her dementia. I’m not sure that would be a good idea. I will be reaching out to her insurance company, and possibly her attorney. I am wondering what I might be responsible for as her agent. Does anyone have experience with this sort of thing?
Abzu makes a good point. Why was something not done after the first accident? Why was her license not taken away and the car made undriveable. Was DMV made aware of her Dementia? Was her doctor asked to report her to DMV?
I am responsible if I knowing allow my mother to do something harmful and do not do not what is nesscary to at least have preventative measures in place.
In my mom's case she nearly burned down her apartment. Had she burned down her apartment and someone got injured if they tried to sue in a civil sense they would be hard pressed to get anything out of her in the civil sense cause she has not had a documented case of her acting in such a way. The fact she has dementia and something is considered possible or common is not grounds to place fault on her or the agent responsible for her care.
Now if she did something similar again and I did not make adjusts that is a different story. More or less first offense if you can reasonably prove you had no idea she was capable of x you have a reasonable defense against such suits in a civil sense.
Criminal is a different beast.
Good luck.
My dad had vascular dementia, I turned him in to the DMV and he was legally allowed to drive until he was dead. He was a talented showtimer for certain.