When a guardianship occurs, some or all of the wards delegable rights are removed and bestowed upon the guardian who acts on the ward’s behalf. Sometimes the ward retains some rights, such as the right to determine residence, or the right to vote. But what happens when a ward retains the right to drive?
It is rare, but there have been times when a client has been allowed to keep their right to drive. And, it is very complicated to manage when this occurs.
What happens when a client is left having the authority under statute 744.3215 2(d) to have a driver’s license, but was not left with the right to travel? How does a guardian manage that? And, what does travel mean? The same city? County? State? Country?
If something were to happen when the client was driving, what is the liability of the guardianship? What does the auto insurance carrier do about coverage? What do you need to put in the client’s file to prove that the insurance company was made aware of their unique circumstances?
And, just for fun, what if the client is left having the authority to drive, but is without the right to contract? How do they have a car, if they can’t legally contract to have insurance on that car? What does that look like?
Again, it is rare that a person is placed under guardianship, but retains the right to drive. However, we have faced it with a few clients.
Have you dealt with this issue before? How did you deal with the pit falls? Leave us a comment and let us know about your experiences.
In late January, 2015, True Link came out with their 2015 Report on Elder Financial Abuse. What they found was more shocking than previously imagined.
It was previously suspected that elder financial abuse ran about $2.9 billion dollars, annually. However, research now reveals that seniors lose $36.48 billion, annually, more than twelve times what was previously reported. It is estimated that 954,000 are currently skipping meals, or worse, as a result of this financial abuse.