Q: If a driver has an at-fault auto accident causing damages/injuries, is a person with POA over that driver, liable?
We're trying to decide if it's time to take the keys from my 94-year-old father-in-law. His car has auto brake and notifies him if he wanders out of his lane. But, his mind is not the sharpest.
A: An Arizona attorney could advise best, but your question remains open for two weeks. In general, a POA would give you authority to handle certain activities (banking, administration, etc.) for your father-in-law, as outlined in the POA. In most cases, that should not lead to liability. One would need to see the terms of the POA to advise more definitively. But it does raise the issue that you may want to consider certain measures, such as arranging drivers, for the safety of your father-in-law and the public. As your scope of oversight of his activities invariably expands, it's possible arguments could then be posed about your liability in supervising his day-to-day activities. Good luck
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