Legal Question in Family Law in Arizona

if i have power of attorney for my parents, and i know they shouldn't be driving because of seizures, they continue to drive anyway, am i responsible finacially if they kill or hurt someone on the road? there have been 5 hospitalizations for this and i think these seizures happen quite often. they don't want to be told they can't drive or that they can't live alone anymore so they just allow the seizures to happen at home.


Asked on 9/08/10, 1:28 pm

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Generally speaking, as the agent under a power of attorney, you have the authority, but not the obligation, to transact certain business on your parents' behalf. Your power of attorney does NOT grant you the authority to restrict them from driving - if you believe they need to be ordered not to drive, you might want to consider applying to the court to be named as their guardian and/or conservator (depending on whether they have assets that require management on their behalf). As the guardian/conservator, you would bear some responsibility for your parents' actions, but you could also take control over some of those actions. As their agent under the power of attorney, you are not responsible for their actions.

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Answered on 9/13/10, 3:27 pm


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