How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Marsha411JD Your Own Question

Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17305
Experience:  Licensed attorney with 28 yrs. exp. in criminal law
19127644
Type Your Criminal Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

How to legally confiscate a vehicle belonging to an aging parant

Resolved Question:

How to legally confiscate a vehicle belonging to an aging parant who should not be driving?
Submitted: 12 months ago.
Category: Criminal Law
Expert:  Marsha411JD replied 12 months ago.
Hello,

Thank you for your question. Are you asking how you can ensure that a parent is not able to drive when they are no long competent to do so safely? If so, can you tell me if the parent if the only person on the title to the vehicle? Have you spoken to their doctor about reporting them to the DMV based on their medical or mental issues? What sort of issues are contributing to their unsafe driving? For example diabetes, heart, Alzheimer's? I assume conversations with them about this have been fruitless, is that correct?
Customer: replied 12 months ago.

My father (88 yrs old) was diagnosed with Alzheimer's about 5 years ago but has passed his drivers exam since then, but about one year ago he failed to pass his written exam for driver liscense renewal. I found out he has been driving anyway and telling others that other people were driving him around in his car. The police say they cannot do anything unless they catch him in the act. I need to stop him before he hurts himself or others!

Expert:  Marsha411JD replied 12 months ago.
Hello again and thank you for the information. So, I assume from what you are saying that your father does not have a driver license and also, I assume, no longer has insurance. If that is the case, I am not sure why the DMV has not confiscated his license plates. Can you tell me what you know about that and if you have spoken to them?
Customer: replied 12 months ago.

I asked the police what the MN law was concerning license plates when a vehicle is sold, and they said it is up to the owner to either sell the vehicle with plates or to keep the plates (i.e. personalized plates). Father says he still has insurance on the vehicle. I believe the Dr who diagnosed him with Alzheimer's recommended he not drive. Since that was five years past, would that still be valid in dealing with MN DMV?

Expert:  Marsha411JD replied 12 months ago.
Thank you for your reply, however, I am a bit confused. I thought you said in your follow up reply that your father had not passed his most recent driver's test. So, I assumed he no longer had a driver license. If that is the case, then he cannot have insurance on his vehicle if they know about this. If they don't know, then that is where you need to start. In other words, you need to contact his insurance company and let them know he is driving a vehicle without a license. They in turn will cancel his insurance and inform the State. At that point, the State will direct him to turn in his license plates.

If I have understood and he still has his driver's license, then you need to speak to his doctor about sending an unsafe driver report to the DMV. They will then inform your father that his DL is suspended and he will have to go through an administrative hearing and complete driving test, etc., to get it back. Again, if he does not have a valid DL, he cannot be a named insured on the vehicle and therefore cannot have license plates or drive the vehicle.

In the meantime, although it is an extreme step, someone might watch him and when he leaves in his car, call the police and report him as an unlicensed driver and where they can find him. Maybe once he gets a ticket and goes in front of a judge, he will start understanding his situation. If he doesn't, then the license plate and insurance revocation will close the loop.

I have had to go through this with my own father. In his case, once his doctor knew he was driving, he sent the unsafe driver report and that was that. There was no way my father, who is about the same age as yours and has Alzheimer's as well, could pass the administrative hearing and tests. He was, and still is, extremely angry, but when we advised him that we had arranged to have someone drive him to his social events, etc., he finally relented and sold his car since he couldn't drive it anymore anyway.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17305
Experience: Licensed attorney with 28 yrs. exp. in criminal law
Marsha411JD and other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.