Aging Behind the Wheel – This Is a Critical Issue That Families Cannot Simply Drive Around

As we age, many of us may experience diminished eyesight and hearing, slower reflexes, and even some slowing of other cognitive functions. When such changes begin, they are often mild and relatively easy to live with. As time goes on, however, driving skills may also diminish along with hearing and eyesight.

Lawyers sometimes receive phone calls from clients stating that their licenses were revoked, or that their family wants to take away their vehicle. While this is certainly an inter-family issue, there may also be a legal one regarding an individual’s inherent right to drive.

Age alone is not a sufficient reason to deny a person the right to drive. Likewise, slight reductions in hearing or eyesight are not reason enough. As physical and mental limitations increase over time, however, it may become necessary for elders to consider giving up driving, for their own safety and that of others.

For many of us, especially in the suburban areas of Western Mass., our vehicles are our sole means of visiting family and friends, getting to medical appointments, doing household shopping and banking, and attending worship services. Without a car, an elder may feel an intense and sudden loss of independence that can be very painful. Having to give up a vehicle can also sometimes be the first sign that a person is no longer able to function alone.

For all these reasons, asking a loved one to give up driving can be a very difficult conversation. Your loved one may react with anger or denial. You may hear promises of only driving during the daytime, or only in town. While reductions in driving time and distance may be a good start, often they are not sufficient. The real issue is not where or when an elder drives, but how well, even within familiar neighborhoods.

We have all heard of families who disconnect batteries, hide car keys, or remove engine parts so that an elderly family member cannot drive. While these ruses may offer temporary solutions, the bigger issue will have to be dealt with eventually.

For some seniors, loss of a driving license can occur after an accident. Sometimes police officers will initiate the process when they observe erratic driving. Physicians may also report a person with diminished physical and mental capacities and recommend that a license be revoked. When any of these events occurs, the driver is normally deemed to be incapable of driving unless the restrictions are resolved and lifted, and a satisfactory road test is completed by the driver.

If you are concerned about the driving abilities of your elderly loved one, one possible avenue is to contact the Driving Advisement Program of Weldon Rehabilitation Services at Mercy Medical Center in Springfield. They can evaluate driving skills and provide a written report. It can often be helpful to have an evaluation from a professional source outside the family, because that can temper some of the emotions involved.

Since the elder will have the opportunity to prove that he or she is (or is not) capable of driving safely, this may be a happy medium that can retain peace within your family. However, if the elder passes the test, you must then deal with the result.

If you want this assessment covered by insurance, be sure to first obtain a prescription from your loved one’s physician stating a need for “occupational therapy evaluation for functional community mobility” that includes a medical diagnosis. During the appointment, your loved one will be appraised for vision and perception, physical status, mobility, upper and lower extremity reaction time, traffic sign/situation identification and interpretation, and cognition, including problem-solving, attention, and memory.

Another possible solution employed by some estate-planning lawyers when discussing legal documents with elderly clients is a pre-emptive measure. An attorney may gently suggest having an elder sign a document promising not to contest having his or her license taken away when someone believes that the time has come to stop driving.

While no one ever wants to hear that they shouldn’t be driving, it is sometimes easier to have this discussion before an emergency occurs, when things are relatively calm. Estate planning often involves considering and planning for unpleasant realities. If the issue of driving should resurface in the future, perhaps during a volatile time, it can be helpful to have this signed statement ready to remind your loved of their willingness to be cooperative.

For the safety of all, please do not shy away from this important topic. If your loved one still has a valid license, but you feel he or she may be a danger on the road, you must speak up. v