My elderly father just got his drivers license renewed. I guess his eyesight was good enough to pass, but he is honestly in no condition to be behind the wheel of a car. He of course thinks he's fine to still drive but we all disagree.
He is otherwise competent to make decisions; I have powers of attorney, but not a guardianship or anything. Short of convincing him to give up driving, is there any legal way to petition to have his drivers license revoked? And I do not want to through the process of declaring him incompetent and being his guardian -- he is not there yet except for wanting to drive.
You can begin by discussing the matter with your father's doctor. In many if not most jurisdictions the doctor can start the process of revoking a patient's drivers license if they feel that it is no longer safe. They just write a letter to the licensing agency. Since driving is often equated with independence, the problem may be figuring out how to keep him from driving after the revocation. Without a license he is going to find it difficult to get auto insurance to protect himself and others in the event of an accident. You may not want to make a criminal out of dad.
You may want to log on to the AARP website. There you will find several good resources concerning when it is time to stop driving including "We Need to Talk" and "10 Signs That It's Time to Limit or Stop Driving." It may just be a matter of convincing your father to take an AARP Driver Safety course.
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As a family member he won't listen to you. Try getting his doctor to tell him he still can't drive. That has worked with several of my clients. It sometimes works to have people call the police and report his erratic driving. They can then give him a road test and have the license pulled. As pointed out the real problem is getting him to actually stop driving, even if he doesn't have a license anymore.
My father in law at age 93 was blind in his left eye but insisted he was fine to drive as long as he only made right turns. Unfortunately that is not a joke but a true story. The family has to be of like mind and it's almost like an intervention with an alcoholic. It's one thing if he kills himself, but what about the little child he hit? Good luck.
With any report from an officer or doctor questioning his ability to drive, the WI DMV will aggressively pursue cancellation of his license, or at least require a road test or evaluation. If he does not follow up with them or fails the test, your problem may be solved, so long as you also have control of his keys. Most powers of attorney would give you authority to sell the car, but you should obtain legal advice throughout this process, since there can be unpredictable legal consequences from activating the power of attorney. Not all of them require formal activation by a doctor, but I would need to see it to tell which flavor yours is.
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The earlier posts show the complexity of this: Start with his doctor. The access to the car is important as continuing to drive after the State cancels a license is a disaster-he won't be insured and liability is a real issue. If his doctor can help convince him that he should not be driving, he may make the decision himself. Without that, your only recourse is through the Motor vehicle department and then making sure that there is no access to a car. This can be a very emotional situation and access to any car can be the route followed to protest your actions.
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