Legal Actions to Prevent an Unsafe Senior Driver from Driving

If you know an elder who is driving dangerously, encourage them to give up the keys. Here’s some advice on how to persuade an elder to quit driving.

Though many elders restrict or alter their driving habits when they observe warning signs of diminished movement, others may be hesitant to give up driving entirely, possibly placing themselves and others on the road in peril. In this situation, it is frequently up to the caretaker to intervene. Some state DMVs have special registration requirements for elderly drivers, but many do not.

If all required assessments and suggestions have been made, and no amount of talk can persuade the elder to give up the keys, you, a family physician, or a police officer can submit a “unsafe driver” complaint with your state’s DMV. Prepare to offer a thorough account of why you believe the motorist is dangerous, including any eyesight, hearing, or other medical information. Remember that under privacy rules, a physician must have a patient’s consent to share confidential health information, so obtaining a medical Power of Attorney to access this information is a good idea. If your claim is accepted, the DMV will call you and require a set of eye and hearing tests, as well as a driving ability exam. Depending on the findings, the DMV may apply driving limitations or totally cancel his or her license.

In more serious instances, where the senior’s cognitive impairment prevents them from comprehending the risk he or she presents, some caregivers confiscate the car keys or sale or disable the vehicle.