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Ray
Ray, Lawyer
Category: Legal
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Experience:  29 years in civil, probate, real estate, elder law
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If an individual is declared as incapacitated, does it mean

Customer Question

If an individual is declared as incapacitated, does it mean that they are stripped of all their right? Are they stripped of driver license etc?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

RayAnswers :

Thanks for your question and good afternoon.If a person here is declared incompetent it does not necessarily mean they loose their driving privileges.Many times a guardianship ise set up only to manage their financial and personal affairs.

RayAnswers :

Unless the dmv makes a determination that the person is challenged to the extent that they lack the abilities to drive then there is no automatic revocation.Here is the process/rules for that.

RayAnswers :

Here are the relevant section that would be involved.

RayAnswers :
§

1517.

Medical Advisory Board.

(a)

Membership.

--

There shall be a Medical Advisory

Board consisting of 13

members appointed by the secretary. The board shall be composed of an

authorized representative from the Department of Transportation, Department

of Justice, Governor's Council on Drug and Alcohol Abuse, Department of

Health, Pennsy

lvania State Police and professionals as follows: One

neurologist, one doctor of cardiovascular disease, one doctor of internal

medicine, one general practitioner, one ophthalmologist, one psychiatrist,

one orthopedic surgeon and one optometrist.

(b)

Duti

es.

--

The board may advise the department and review regulations

proposed by the department concerning physical and mental criteria including

vision standards relating to the licensing of drivers under the provisions of

this chapter.

(Dec. 21, 1998, P.L.11

26, No.151, eff. imd.)

1998 Amendment.

Act 151 amended subsec. (b).

Governor's Council on Drug and Alcohol Abuse.

The Governor's Council on

Drug and Alcohol Abuse is now known as the Pennsylvania Advisory Council on

Drug and Alcohol Abuse and is design

ated as the advisory council to the

Department of Health for drug and alcohol programs. See section 3 of the act

of April 14, 1972 (P.L.221, No.63), known as the Pennsylvania Drug and

Alcohol Abuse Control Act.

Department of Justice.

The act of October 15

, 1980 (P.L.950, No.164), known

as the Commonwealth Attorneys Act, effective January 20, 1981, provided that

the General Counsel shall serve as a member of the Medical Advisory Board and

repealed section 1517(a) to the extent that the Attorney General was

made a

member of the Medical Advisory Board.

Cross References.

Section 1517 is referred to in section 1519 of this

title.

§

1518.

Reports on mental or physical disabilities or disorders.

(a)

Definition of disorders and disabilities.

--

The Medical Advisor

y Board

shall define disorders characterized by lapses of consciousness or other

mental or physical disabilities affecting the ability of a person to drive

safely for the purpose of the reports required by this section.




(b)

Reports by health care personne

l.

--

All physicians, podiatrists,

chiropractors, physician assistants, certified registered nurse practitioners

and other persons authorized to diagnose or treat disorders and disabilities

defined by the Medical Advisory Board shall report to the department

, in

writing, the full name, date of birth and address of every person over 15

years of age diagnosed as having any specified disorder or disability within

ten days.

(c)

Responsibility of institution heads.

--

The person in charge of every

mental hospital,

institution or clinic, or any alcohol or drug treatment

facility, shall be responsible to assure that reports are filed in accordance

with subsection (b).

(d)

Confidentiality of reports.

--

The reports required by this section

shall be confidential and shal

l be used solely for the purpose of determining

the qualifications of any person to drive a motor vehicle on the highways of

this Commonwealth.

(e)

Use of report as evidence.

--

No report forwarded under the provisions

of this section shall be used as evide

nce in any civil or criminal trial

except in any proceeding under section 1519(c) (relating to determination of

incompetency).

(f)

Immunity from civil and criminal liability.

--

No civil or criminal

action may be brought against any person or agency for pro

viding the

information required under this system.

(g)

Definitions.

--

As used in this section, the following words and phrases

shall have the meanings given to them in this subsection:

"Chiropractor."

A chiropractor acting within the scope of practice

con

tained in the act of December 16, 1986 (P.L.1646, No.188), known as the

Chiropractic Practice Act.

"Podiatrist."

A podiatrist acting within the scope of practice contained

in the act of March 2, 1956 (1955 P.L.1206, No.375), known as the Podiatry

Practice

Act.

(July 15, 2004, P.L.698, No.76, eff. 60 days)

2004 Amendment.

Section 2 of Act 76 provided that any regulations of the

Department of Transportation that are inconsistent with Act 76 are hereby

abrogated to the extent of that inconsistency.

Cross

References.

Section 1518 is referred to in section 1503 of this

title.

§

1519.

Determination of incompetency.

(a)

General rule.

--

The department, having cause to believe that a licensed

driver or applicant may not be physically or mentally qualified to

be

licensed, may require the applicant or driver to undergo one or more of the

examinations authorized under this subchapter in order to determine the

competency of the person to drive. The department may require the person to

be examined by a physician, a

certified registered nurse practitioner, a

physician assistant or a licensed psychologist designated by the department

or may require the person to undergo an examination by a physician, a

certified registered nurse practitioner, a physician assistant or

a licensed

psychologist of the person's choice. If the department designates the

physician, a certified registered nurse practitioner, a physician assistant

or licensed psychologist, the licensed driver or applicant may, in addition,

cause a written report

to be forwarded to the department by a physician, a

certified registered nurse practitioner, a physician assistant or a licensed

psychologist of the driver's or applicant's choice. Vision qualifications may

be determined by an optometrist or ophthalmologi

st. The department shall

appoint one or more qualified persons who shall consider all medical reports

and testimony in order to determine the competency of the driver or the

applicant to drive.




(b)

Confidentiality of reports and evidence.

--

Reports receive

d by the

department for the purpose of assisting the department in determining whether

a person is qualified to be licensed and reports of examinations authorized

under this subchapter are for the confidential use of the department and may

not be divulged

to any person or used as evidence in any trial except that

the reports and statistics and evaluations used by the department in

determining whether a person should be required to be examined under this

subchapter shall be admitted in proceedings under sect

ion 1550 (relating to

judicial review).

(c)

Recall or suspension of operating privilege.

--

The department shall

recall the operating privilege of any person whose incompetency has been

established under the provisions of this chapter. The recall shall be f

or an

indefinite period until satisfactory evidence is presented to the department

in accordance with regulations to establish that such person is competent to

drive a motor vehicle. The department shall suspend the operating privilege

of any person who re

fuses or fails to comply with the requirements of this

section until that person does comply and that person's competency to drive

is established. Any person aggrieved by recall or suspension of the operating

privilege may appeal in the manner provided in

section 1550. The judicial

review shall be limited to whether the person is competent to drive in

accordance with the provisions of the regulations promulgated under section

1517 (relating to Medical Advisory Board).

(Apr. 28, 1978, P.L.202, No.53, eff. 6

0 days; Oct. 7, 1996, P.L.688, No.118,

eff. 9 months; July 15, 2004, P.L.698, No.76, eff. 60 days)
RayAnswers :

This would not post correctly please refer to 1517-1518 it goes through the process.

RayAnswers :

Please refer to Sections 1517-15-18 here for the process.

RayAnswers :

The botXXXXX XXXXXne is that it is not automatic but in any guardianship or conservatorship situation or where there has been say a mental commitment the dmv gets a referral and they have medical board that reviews these and may interview the person, etc as per the rules prior to taking any actions.

RayAnswers :

I appreciate the chance to help you today.If you have more follow up please just ask.Thanks again for your patience.

RayAnswers :



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