22 Apr HOW TO STOP UNSAFE SENIORS FROM DRIVING
It is often difficult to determine when it is unsafe for someone to drive. This is particularly troublesome for many seniors who fear loss of independence when their driving privileges are lost. This may result in loneliness in addition to no longer being able to easily obtain services, social events, etc. that one becomes accustomed. If one no longer feels like he or she is no longer in control, then studies indicate one is likely to have a shorter life expectancy.
However, older drivers have higher rates of death (partially due to frailty) than any group other than the youngest group of drivers. Furthermore, if an adult child knows that a parent’s ability to drive is risky, then wouldn’t the adult child risk liability if they owned the car and did nothing, similar to giving the keys to an individual known to be intoxicated. So, both the assets of the elderly parent and the adult child could be at risk if the elderly driver is negligent. As a result, some increase car insurance protection or create irrevocable trusts for asset protection.
OPTIONS WHEN THERE IS REFUSAL TO STOP DRIVING
- Ask parents doctor for assistance
When I thought it was no longer safe for my mother to drive as a result of some dementia and frailty, I advised her she could drive whenever her doctor said that was acceptable. Her doctor (who is a cousin) told her it was no longer safe for her to drive. She never drove again. A parent will often be less defensive if it is “doctor’s order” than from a child of the elderly parent. - Make sure goals of parent can be met in other ways
Transportation options must be considered so that goals can be achieved in other ways. This could range from community ride-share companies such as Uber and Lyft to public transportation options to family, friends and caregivers to accommodate the needs resulting from loss of driving privileges. Reassuring the elderly parent that they’ll still be able to go out is often of great importance. - Katie’s Law
In Texas, drivers aged 79 or older must renew their license in person, pass a vision test and may be subject to medical evaluations and potentially written or road tests, with renewal periods of 6 years for those aged 79-84 and 2 years for those 85 and older. Renewal must be in person at a Texas Department of Public Safety Office. There is no upper age limit for driving in Texas. My wife’s grandmother drove until she was 96, and her great-uncle drove until he was 102. - Anonymous report to the Texas Department of Public Safety
The DPS Driver License Office and Permit Specialists evaluate if there is a need to investigate whether one can safely operate a motor vehicle. If it determines there is a medical condition that puts safety at risk, it may refer the elderly driver to the state’s Medical Advisory Board (MAB). Reports are often made by law enforcement or a physician who has a concern and reports to the DPS although anyone can make a report in writing (mail, fax or email). If one is determined to be medically incapable to drive or fails to respond to the MAB or fails to comply with any required testing, then DPS can revoke the driver’s license. - Therapeutic Lying
Therapeutic Lying in dementia care refers to intentionally misleading a person with dementia to reduce distress or agitation. Sometimes adult children tell the elderly parent with dementia that someone borrowed the car or the car is getting repaired or they keys are lost to give the elderly parent with dementia calm or comfort. However, if the parent does not have dementia or the child takes the car or car keys from the parent, then there is potential risk of that being considered theft. - Guardianship
In the worst case scenario when a driver lacks mental capacity and still refuses to give up the keys, guardianship can be sought. Documents such as a financial and medical power of attorney and Declaration of Guardian in the Event of Later Incapacity or Need are basic documents that are recommended.
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