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Is family liable if a senior gets into a car accident?

We have taken the keys from my grandfather but sometimes he finds them and still drives. Are we liable if he gets into an accident?
Status: Open    Mar 08, 2015 - 03:59 PM

Elder Law

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Aug 11, 2015 - 10:55 AM

In Alabama, if you have been named as the legal guardian for your grandfather, you have a legal responsibility to provide for his care and well being much as a parent does for a child. A part of this care is monitoring his behavior so he does no harm to himself or others. The outcome of a lawsuit will depend on the specific facts of what transpired; however, depending on the facts, it is possible that you could be found to be negligent in supervising him and; thereby, liable to some extent. Guardianship is a very serious responsibility.

Jun 27, 2016 - 07:56 AM

No, you are not personally liable, however if he has assets, this is a good reason to consider setting up an irrevocable trust to protect and manage the assets.

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