Elderly Drivers and Probate Litigation

Here are two articles about elderly drivers:

Older drivers pose growing road risk (WZZM-13, Grand Rapids, Michigan)

Side effects of aging hurt driving skills (Detroit News)

What does this issue have to do with probate litigation? 

As I mentioned yesterday, questions about a sick and/or elderly individual's ability to make decisions for himself or herself pave the way to many a probate case.  Illinois has provisions for the guardianship of a disabled person, and "disabled person" is defined in part as someone who "because of mental deterioration or physical incapacity is not fully able to manage his person or estate."  But how do we interpret the word "fully"? When is it appropriate for friends and/or family members to step in and offer help?  Or to insist on helping? 

What if your otherwise competent elderly parent:

-takes in one of your siblings as a caregiver, and then decides to leave all of his property to that sibling?

-refuses to stop driving, even though she is considered a menace on the road by many family members?

-believes she can take care of herself, even though she is frail and lives alone in a large, three-story house?

The question of how you, your elderly parent(s) and your sibling(s) deal with these types of questions will greatly affect whether court battles will begin after your parent or parents pass away. 

My goal here is to do more than just raise tough questions, so in the coming days, I will try to address some solutions to these problems (such as family settlement agreements, and the use of a mediator or arbitrator).

Comments

[John James]

My parents are approaching 70. Both have very limited eye site. My mother has had eye surgery, and has commented that "sometimes, I (she) can't see good enough to drive..especially at night". My father is probably worse off than my mother. He is virtually deaf, and refuses to wear a hearing aid. Due to cataracts, he is nearly blind in one eye. He continues to drive a full size RV, SUV, and large fishing vessel. My mother has commented that "he is driving with one eye". They both have valid driver's licenses, and have a couple of years to go, before they will be required to renew..my father is quite wealthy, and still has his wits about him..he is just blind and deaf. Please help!

[John James]

My father is increasingly making poor financial decisions. For example: He recently purchased a used car for my nephew via the internet. The car's odometer was rolled back, and the motor was completely shot. My nephew didn't even ask for a car, and he did not play a role in it's purchase. He told him that he doesn't want the car, and now my father owns an $8,000 car that won't run. My father is retired, and is finacially successful. He owns a nice home, and has a half million (poorly invested) in a huge RV and boat. He has already given small trust funds to us kids and grand kids. He has mentioned that "there is more" for me, but didn't elaborate. I am nearly 50 years old, and we don't communicate very well. He is very emotional and defensive, when it comes to discussions about money. I have always assumed that he has his finances were taken care of, and well managed..but lately I am not sure. My father is aggressive and quick to anger. My mother is submissive, and would probably agree to everything that I have written here today. She is intimidated by my fater.