Our father is 94 was told several years ago to stop driving. Our mother and other family members refuse to intervene even though he can no longer make phones calls, fix a sandwich, etc. We children have taken the vehicle but he managed to reclaim it, doctors reported him to bureau of motor vehicles but all to no avail. What to do?
Not everyone wants to be isolated in their home.
My dad has always loved to go for a drive. He would take us 2.5 hours away from home to have breakfast. So no matter what was at home, he would be driving.
As much as we wish at times that we could enforce our will on an elderly loved one it is unrealistic and quite frankly, I think it is unjust to try and control what they do. Unless they are endangering others it is their business if they want to do things that we think are risky. We ALL do things that someone thinks are risky. We have to have a healthy balance when helping our elders.
For the sake of the person with dementia and those who might be harmed or killed by the cognitively impaired, it is imperative that driving be curtailed!
To take someone's ability to drive away is indeed sad, but to have a demented driver kill or maim when it could have been prevented is a tragedy!
For my dad, it took the doctor telling him he could no longer drive and that she would be the first to call the police if she ever heard he was behind the wheel! We handed the car to my brother, since he was in desperate need of a trustworthy vehicle to get to/from work. (He eventually bought the car and the money went into Dad’s account.) Whenever Dad asked about his car, I would remind him how much he was blessing his son by allowing him to use his vehicle. Dad often forgot that the doctor told him that he wasn’t to drive, but we did whatever we could to get him where he needed to be, and let him know how sad we were that this part of his life was past. For men especially, this loss is huge!
My mother-in-law was one of those who drove and had multiple accidents due to her diabetes. She can no longer manage it properly and after many episodes of “near coma” low sugar levels, her brain has suffered. The police apparently became tired of finding her by the side of the road, or driving erratically, or causing accidents. It took the involvement of the police and the DMV to revoke her license and get her off the road. My sister-in-law tried to get the doctor to step in and relay to Mom that she could no longer drive, but the doctor stated that even when he reported to the DMV, his patients would still drive, so it wasn’t something he cared to do. (Not sure that all doctors would feel this way.) My father-in-law was enabling Mom to continue driving up to that point, even so far as giving her directions via cellphone when she was lost, and having her drive him to various activities, due to his narcolepsy.
The “rules” for revoking licenses is different from state to state. In my state, a doctor can send a notice to the DMV or the police can request that a driver’s license be revoked (or that they be tested by a particular facility that handles dementia patients). The family can try to get the loved one off the road, but that doesn’t suspend the license. Removing batteries, removing the vehicle, disengaging something in the engine to keep the person off the road is important. As several stated, a family could easily be liable for an accident in which their loved one was involved.
The most loving thing a family can do—as hard as it is—is take the keys and remove the vehicle from the loved ones’ presence. If the vehicle can’t be moved out, then do something to keep it from being driven. People’s lives are at stake whenever anyone with mental impairment is behind the wheel.
Also, age should not be the major deciding factor in this instance, the dementia is the issue! There are many who can still drive more or less safely at advanced age (I do believe stats show the much younger early drivers are the most unsafe drivers!) However, one should observe any LOs driving capabilities and make decision based on how alert and understanding they are of driving, rules of the road, etc and make decisions accordingly.
My friend's mom at 86 actually hit a young mom pushing a stroller with her 2 kids who were crossing at a crosswalk. That's when they took her license away and she had a lawsuit on her hands. Another woman in my town who was 90, due to cognitive decline, accidentally put her foot on the gas instead of the brake and she drove her car up over a wall and crashed into the playground of a preschool. Luckily the children were still inside the building, but she was hurt. That's when her license was finally taken away.
Get a doctor's note stating that he is not capable of driving. Take away the keys or disable the car. I'm sure that your family does not want to be in any of the situations that I mentioned.
"Kentucky has no laws against driving with dementia specifically but obviously has laws about medical conditions which impact a person’s ability to drive safely. If the Kentucky Medical Review Board receives an unsafe driver report, they will investigate and require documents from a doctor vouching for ability to drive."
You have several gates to this issue:
1) those who enable
2) those who refuse to take action
3) no mention of POAs, but not likely to help in this instance
First and foremost, the car needs to be disabled/removed while working on getting him off the road legally. Clearly relying on this cousin to do the RIGHT thing isn't going to work. Having a really dumb deputy sheriff gums up the works (does your Barney Fife have bullets for his gun????)
If at all possible, try the "borrowing" option and then find a way to disable it. Simple methods would be disconnecting the battery, but he or some unsuspecting friend, neighbor or mechanic would reconnect it, so leave a LARGE blatant note under the hood, if the car remains at the home. It would be great if you could disable it, and plan an "outing" with him driving - then call a tow truck when it won't start and get it out of the yard (you can explain the issue to the driver, out of earshot of dad.) Keep deferring the fix to keep it away, or even better quote some ridiculous amount of money/work that needs to be done. Another option is to have a kill switch installed, someplace where he won't find it. Having this requires extra steps to start the vehicle, which may thwart his attempts to drive, but still allow others to drive him places (so long as he doesn't get to see the steps needed to start it!)
Meanwhile, try to get a copy of the doctor's letter to the DMV. Request he do this again, only specifying how impaired he is medically and stipulating that dad MUST have a driving test, not just an eye test. Taking the license and/or insurance will NOT be enough. Many will continue to drive without it - even convicted drunk drivers who have had their licenses revoked continue to drive and there is no dementia involved! In the meantime, the car MUST be moved to a place where he won't have access to it or disabled in a way he can't fix/get fixed.
Also send certified letters to those "enablers" indicating that if they continue to do this, they could, in effect, be held responsible for your dad injuring or killing himself or someone else. Perhaps enlist the help of an attorney (EC?) to facilitate this. A letter from an attorney might be more useful.
Even with any kind of POA, which it doesn't sound like anyone has, legally the person still has "rights". In some respect, I understand this, but when it comes down to safety for them or others, I really think this is stupid. POA allows you to sign for the person who isn't capable and make some decisions that they cannot reasonably make, but it doesn't allow for taking cars away or making them move.
In your case, it may require seeking legal advice from EC atty about requesting guardianship. The courts will review medical documentation and if needed hire atty for dad and medical experts to make the decisions. Sometimes it can be partial guardianship. This won't be easy or cheap and could take some time, so the first thing is still to find a way to remove his access to a car. Ensure neighbors and friends will NOT loan their cars! If dad has any assets, they should be used to cover the cost , but may have to happen after the decisions are made, esp if you don't have any POA/access to their finances.
Thankfully no one was hurt. IF I had been aware of the first accident, I might not have enabled her to renew her license. It would have been simple enough - even she was worried the cops would "pull" her license after the recent accident (not likely - perhaps, but usually it isn't enough.)
About this time she was not going far anymore and not driving at night, thankfully. It was mainly local stores, no more than a mile or so. The next indication was the missing plastic on the driver side mirror. Could have been anyone who did this, not just mom, but she was oblivious - "It was there the last time I drove it!" Around the same time we found the inspection sticker expired (many months.) As someone else said, driving is a privilege, not a right. When one no longer can maintain a car in good stead, understand the rules of the road and has no clue how their car was damaged, it is time to reassess!
So, the next, big indication was a call to say she needed help with a flat tire. I brought my tire pump down, and just stood with wonderment at what she had done - the tire was split from the rim to the ground and the metal trim around the wheel well was bent up and away... No idea if she drove it with a flat or hit something, but the rim was also damaged and the rear tire needed replacement too. There were also nice white stripes on both front fenders from scraping against the garage door trim.
I had AAA put the spare on and had it brought to my mechanic to get fixed. Then had chat with YB saying we need to take this away. I do understand that many will say this is their property and we have no business taking it, BUT out of concern for her and anyone she might injure or kill, I would take the chance that she might call someone to intervene!!
YB did all the talking and took the key. Her face was like a 5 yr old who was caught in the cookie jar. I only stood behind him, and on the way out suggested disabling it as I was sure she had another key (he pulled the battery cable.) Next day, who gets the nasty call/message about her key? Me of course. When I returned her call I could honestly say I never touched her key. She was so nasty to me that when she asked who did, I just replied 'You're so smart, YOU figure it out." and hung up. Day 2, an even nastier call demanding that I get down there RIGHT NOW and fix whatever I did to her car. Found the spare, she did! Again I could honestly say I never touched the car (I suggested the "fix", but never touched it!) So she asks what's wrong with it. Now I can say I'm not a mechanic, I don't know what's wrong with it (fib, but necessary.)
At some point we removed it from where she was living and never returned it. She whined. She moaned. She complained. She maintained that she "didn't go far", to which I replied "I don't care if you go 2 feet, if you hit someone you will lose EVERYTHING." Periodically she continued the whining, but eventually that morphed into her saying "The worse decision I ever made was to give up my wheels.", like it was HER idea! Eventually even that went away.
Out of sight, out of mind (and out of access!)
(https://www.dementiacarecentral.com/caregiverinfo/driving-problems/)
Most have very similar wording, some (very few) are MUCH better about tackling this situation, but I see that MA (where mom was living at the time) says:
"Massachusetts asks drivers to self-report to the Registry of Motor Vehicles if diagnosed with dementia, for a reevaluation."
What idiot came up with THAT idea??? Clearly not someone who has ever dealt with dementia!!! I don't think there are many people, if any, who have been dxed with dementia who would EVER do this!! In their minds, they are just fine! Self-perception regresses, so they think they are as they were years ago. Denial is not just the name of a river. Some, when told by family or doctors that they should not be driving, living alone, or whatever, will maintain they are fine and that you and/or the docs don't know what they are talking about!
Hopefully all states will get a clue and make this process simpler for doctors and family/friends to get unsafe dementia drivers off the roads!
I do understand why we see things like this though and it truly saddens me to see seniors without any family or help. If they need groceries or medicine they have do what they have to do, laws or not will not stop a determined senior.
We as a community really need to take the time to see that our elderly neighbors and family are taken care of, the way it used to be.
I was lucky with my Mom, she handed over the keys willingly, knowing she had a full time chauffeur (me) on call. Yet, to be sure we did buy the car from her, so it was not available in case she decided to go for a spin.
You were VERY luck your mom gave up her keys! Good idea to buy the car from her. 'Our' people are unpredictable and may forget that they 'don't drive anymore'.
My family no longer talks to me saying I violated her rights. She was put on hospice 6 months later and had a good death at home. I am an RN IV which I put on the DMV document to testify she was, in fact, a danger on the road. I was also blamed for her death as she wasn't put on hospice until I arrived and I was the one who initiated the hospice referral and took care of all the details for the home death.
I have no family now but I do have peace knowing I took a very dangerous person off the road before they killed innocent people. Driving is a privilege that is earned and maintained through proving you still qualify for that privilege. I am also at peace knowing I gave my mom the proper, respectful death at home that wouldn't have happened had I not been there.
A bit of a back story of how this all came about. I had moved from HI to WA state after determining my mother needed my help. When I arrived at her home I was horrified to find her car had a few large dents. She had an excuse for every dent. When I rode in the car with her driving, she could not stay on the right side of the rode and her judgment for distance was gone...I could not believe we survived the ride.
She lived out in the country in a small town so no one held her accountable. I also discovered she was on multiple meds; adderall, valium, pain meds, ambien & more...her medical Dx was much worse with chronic high blood pressure, pace maker, complete heart block etc...you get the picture and she slipped into long moments with what I will call in layman terms madness. I would find her with random fits of hysteria, she thought everyone was stealing from her and moving the furniture to confuse her, she was hearing and seeing what wasn't there, and yes, she was still driving on public roads with the blessing of the rest of the family...yea.
I do not regret what I did and it got real nasty. I tortured myself with am I doing the right thing, am I wrong: then visions of mangled dead people would enter my mind with my mother standing over them and I would cry...if it had not been a direct family member, I would have never hesitated. I tried to incorporate the help of her doc because I knew he had to know and he brushed me off. I then told the doc I was doing a medication review on her med profile that he was prescribing my mother. He suddenly moved if you can believe that...he actually closed down his practice and disappeared. Take care of your loved ones people.
Don't be afraid to do the right thing...
The car must go and arrangements be made to use/provide transport for their needs. People in the condition/age bracket are NOT up with the "advents" of time. They are used to what they have been doing for years and will try to continue that. If you say 'then teach them how to use the computer', then I say you know nothing about dementia.
Surprisingly so for his age.
If he was clear minded enough to reclaim his car he's doing better than most
Don't make any rash decisions. Give it a little time & consideration.
There are always solutions to every struggle.
Your father sounds like quite a character. Enjoy him while he's still here
Just think how you’ll feel when he hurts/kills himself or someone else. Take the car and they keys away. They will forget about it sooner or later. The rest of your enabling family should be shamed... to put lives in danger.
Good luck
They're call driving privileges - driving is not a right. My friend's sister was killed by an old woman who should not have been driving. She hit her and then backed over her because she was confused. Her victim may have survived the initial hit - she was going less than 30 mph - but she was killed when crushed by the car. Frankly, I think the woman should have gone to jail but the legal system took pity on the "poor old woman"...."hasn't she suffered enough"..."punishing her isn't going to bring your sister back". My friend has never been the same since her sister died. Her family was shattered.
Selling can't be done unless 1) someone has POA and 2) that someone has documentation showing he is impaired and can't make decisions. You cannot sell something you don't own.