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Monday, November, 23, 2009
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As caregiver, can I be held liable if he hurts someone driving

Elizabeth
01/25/09

I read that as a caregiver, that I can be held legally responsible if my husband hurts some one driving. The Dr notified the state DMV and he received letter instructing him to turn in his license later this week.

I just read this and I am devastated. I CAN"T stop him from driving. If I took away the keys he would tear up the house looking for them and my life would be hell. If I disabled the car, he would call tow truck. Even my daughter said these things that are suggested would NEVER work for him. He is asking our DR to order another driving test at a different hospital with another therapist 100 miles away because he keeps saying the first therapist had it in for him, "tore him to pieces," and etc... Not true of cousre.

The DUI lawyer that he hired ( not for drinking of course) is giving him false hope trying to schedule another driving test. I am calling my lawyer in AM to see what she can do and get emergency guardianship hearing set up ASAP. He can't get another driving test unless Dr prescribes it so am calling Dr in AM too.

My husband is 76, in great physical shape, looks 65, knows people and very good at hiding his dementia. However he can't talk to me about this driving problem when he is agitated and needs to read it all off notes. Can't pronounce words, uses wrong words and etc.

We have no long term care, no life insurance and he is wasting the little $ we have on this lawyer. I know when we spend down for medicare I can keep the house and my car.

I think I have just enough $ saved to pay off my 6 year old car and wonder if I should.

I am missing so much work, out on FMLA, so no income but won't lose my job. I am 62 so can't get medicare. Have had chronic back pain for years and severe osteoporosis.

Thank you all SO SO much for all your help, I can't tell you how much it helps.

God bless you.

Elizabeth

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Answers (1)
Carol Bradley Bursack
Carol Bradley Bursack
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Carol Bradley Bursack is Answering questions
Author, blogger and eldercare columnist

For over twenty years author, columnist and speaker Carol Bradley...

Wednesday, January 28, 2009

Elizabeth, thank you for sharing all of this. You have a frightening situation on your hands. As you are seeing, people with AD can still be very smart, hide their symptoms and figure out how to get a car.

 

You may have to get a court ordered guardian for him, if you fear for your safety. I would definitely see an estate attorney about your finances. The attorney will guide you as to what to do with your car, lack of income, etc. Every state is different, and every situation is different.

 

Another driving test won't help, as you know. It is time to start protecting yourself, financially and physically. Yes, you will have to spend down assets for him to qualify for Medicaid. That will happen quickly if he ends up in a dementia care unit.

 

If it takes a court appointed guardian to get him into care so you can work and take care of yourself, then that might have to be done. See an estate attorney as soon as possible, and he or she will point you in the right direction.

 

Carol

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