Active Seniors And Their Elderly Parents Who Still Drive

Active Seniors

Part One

Active Seniors And Their Elderly Parents Who Still Drive

The history of the United States of America is punctuated by uprisings, social movements, catastrophic events and technological advances. As Europeans began to colonize North America their governments (England, France and Spain) fought wars with each other and the native inhabitants over control of this new land.

In the late 18th Century these newly identified “Americans” began to see themselves as a separate and different people from their foreign masters and declared through a “Declaration of Independence” that they were free and determined to govern themselves. What followed was a major struggle that ended in the formation of a new government and the foundation of the world’s first democracy.

Less than one hundred years later this same democracy was torn apart in a great a great struggle, a civil war, over human rights and commercial interests. This struggle ended in the deaths of hundreds of thousands of people and opened the door to the conquest and settlement of the rest of the continent.

As the 20th Century opened two giant events took place that changed the country into a modern industrial society. Our country became involved in the first great world war (WWI). Hundreds of thousand of American men went off to Europe to do battle and tens of thousands died on foreign soil.

At the same time white American men were dying in France, tens of thousands of free, but still de-facto enslaved African-Americans were migrating from the Southern states to the cities of the Northeast, Midwest and West Coast. This migration led to some of the greatest changes and social and industrial development the world had ever seen.

For the two decades following this great war and the great migration the country struggled to develop a workable finance model and then the Europeans became embroiled in another and even more devastating world war. (WW2).

This war led to the development of the greatest industrial economy the world had ever seen as well as an economically viable middle class of working people. Immediately following WWII one of the greatest social movements and one that is particularly relevant to our country and economy in this day and time, the “Baby Boomers”, began to develop. This is the movement that I will address in this blog.

The Baby Boom

In 1946, the year following the end of WWII, over 3,411,000 babies were born in the U.S. This trend peaked in 1957 with the numbers averaging about 4,300,000 and continued until 1964 when the number of births began to drop. In the United States, approximately 79 million babies were born during the Baby Boom. In July 2011 the first of the boomers turns 65 make up approximately 25% of the total U.S. population of 311,591,917. http://www.cnn.com/2013/11/06/us/baby-boomer-generation-fast-facts/

The Impact of Baby Boomers

The dramatic increase in births during the Baby Boom helped to lead to exponential rises in the demand for consumer products, suburban homes, automobiles, roads, and services. During the Boomer generation more young adults pursued higher education and for the first time large numbers of young people relocated away from family to pursue career and educational interests.Boomers grew up during the dawn of space exploration, accessible long-distance travel and prosperity for many Americans.http://geography.about.com/od/populationgeography/a/babyboom.htm

The Good News And The Bad News

The good news is that Americans in 2014 are living longer and the bad news is that this healthier the senior population will double in size over the next 25 years. http://www.mcknights.com/report-finds-seniors-improving-in-key-measures-of-health/article/348048/

It is in this framework that I would like to share with you some of my ideas about the importance of active senior safety. There are three areas related to active senior safety that I would like to discuss with you: 1. Issues of aging relatives, 2. Lifestyle Issues and 3.Pedestrian and roadway safety.

Active Seniors Protecting Elderly Driving Parents

As the Boomers reach the age of retirement their parents are getting older and more in need of support and care. Many of our elderly parents continue to operate a motor vehicle and we know in our heart of heart’s that they present a danger to themselves and others.

Having “The Talk” with an elderly parent is not a task anyone wants to undertake. In American society a driver’s license and a car is the symbol of freedom and telling an otherwise, at least in her eyes, capable driver that’s it’s time to give up that freedom can seem akin to grabbing a wild tiger by the tail. Others, for more selfish reasons, think that if they take Momma’s car away from her they will have to act as her Chauffeur and be constantly hauling her around.

But note well, if unwise choices are made the outcome could well be catastrophic. In a typical scenario one or more of the active seniors in the life of an elderly parent have a written power of attorney to make medical and financial decisions on behalf of the elderly parent. Along with this power comes responsibilities and if the son knows, or through the exercise of reasonable diligence should know that for any number of physical and mental reasons Momma is no longer fit to drive and they fail to take action to protect her and the other drivers and pedestrians on the roadway, several really bad things could happen.

First of all Momma could be seriously injured. Secondly, she could cause others to die or suffer serious injuries and she could be sued. It wouldn’t take much of a trial lawyer to look to the person who is entrusted with the duty to step in and take action to protect her and bring them into the lawsuit.

That son or daughter with the power of attorney could be liable for any and all judgments above and beyond the Mother’s auto coverage. I doubt that anyone has coverage for this kind of situation and the son or daughter might find themselves having to  reach into their own pockets to pay for the defense and any judgment rendered against them for their negligent failure to act.  This judgment might well reach into any retirement savings Momma might have and her care and maintenance would have to be born by the children.

State Law Regarding Senior Drivers Licenses (See appendix below)

Following a review of state laws relating to licensing senior drivers it appears that there are four distinct approaches that states take. Twelve states have no separate provisions for elderly drivers. Six states require license renewals in person after a certain age, while seven states limit the time period for renewal at a certain age. The majority of states (19) require a senior driver to renew in person and take an eye and hearing exam along with a written driver’s test. To find out what you are dealing with in your particular state check out the appendix at the end of this article.

Some Strategies For Dealing With Elderly Parents http://www.forbes.com/sites/carolynrosenblatt/2013/06/06/surprising-finding-the-hardest-conversation-to-have-with-aging-parents/

I was talking to a friend the other day about this topic because I know he has had lots of first hand experience that is directly on point. He suggested that there are a number of things that one can do:

Direct Action: Just like in any intervention, gather the family and sit Momma down and explain the situation to her. Be straightforward and tell her that you all are concerned about her being behind the wheel. Remind her of her hearing or vision problems and suggest that she consider how she would feel if she were to cause an accident and injure another person, maybe even a child.

Tell her that you and your family might be held liable if she has a wreck and damages that might exceed the limits of her policy and that she might lose some or all of her retirement savings to pay the judgment.

The Doctor: If direct action doesn’t work for you, and you think it would cause more problems than it would solve seek help from her doctor and tell him about your quest to get her off the road and ask him to conspire with you by suggesting to her that it might be time to hang up the keys. Most elderly people trust their doctor’s opinions and this might work.

State Action: The appendix below shows whether your state allows for confidential notifications that might well bring the state into this situation. Once your notification is made, state authorities advise the elder that she needs to appear and be examined. She will undergo a written test along with a hearing and eye exam.

I was told by a state transportation official that a goodly number of elderly, when so notified, simply turn in their license rather than go through with this exercise. The down side for the family is if the elderly parent go through this process and pass. But it could well protect the care-giver from liability for a suit.

Direct Action: If your legal power of attorney gives you authority over her financial decisions, consider selling her vehicle and put the money aside for her care. http://www.caring.com/articles/dementia-and-driving

Car Insurance Company: At this stage of the game the car insurance company has probably paid at least one claim for an accident. Paying on claims is the last things these companies want to do. Have a conversation with her agent and see if you can convince him to help have her policy canceled. The company most probably won’t simply cancel the policy but they will refuse to renew it when the due date comes. This is not the best solution but it can help.

Subterfuge: My friend had an elderly neighbor once and her children were so fearful of her that neither would dare speak to her about taking her car. Seeing daily how she was driving to the cemetery to visit her dead husband and on the way stopping at the liquor store for a pint whiskey, he decided to take action and he shoved a large potato up the car’s tailpipe which prevented it from starting.

He had a local mechanic tow the vehicle to his lot and encouraged the fearful son to tell his Momma her car was beyond repair and would cost more than it was worth to have it fixed. The son sold the car and the problem was solved.

No matter the tactic one uses, the family must be prepared for this next phase of Momma’s life. She will need a way to get to the grocery, doctors office, hair appointments and other normal outside living activities. Whether this change will involve hiring a driver, using community based senior transport services, or having family members pitch in, you do not want to leave her feeling like she trapped in her living situation.

State by state laws related to older drivers:

No Special Provisions

ALABAMA: Alabama drivers must renew their licenses every four years and there are no special provisions for drivers over the age of 65.

ARKANSAS: Arkansas drivers must renew their licenses every four years and like Alabama there are no special requirements for drivers over the age of 65.

CONNECTICUT: Connecticut Law requires Drivers license renewal for all drivers every six years, with no specific safety-related policies for older drivers.

Of interest to seniors is a provision for seniors on fixed incomes to get cheaper licenses for two years periods.

DELAWARE: Like other states in this category licenses must be renewed every eight years for all drivers over the age of 18.

KENTUCKY: Every Kentucky driver is required to renew his/her license every four years no matter their age.

MICHIGAN: All Michigan licenses last for four years, regardless of age. There is a provision that allows anyone to report an unsafe driver to the Secretary of State. Upon investigation the state may require the person to pass a drivers test, or other relevant physical (vision or hearing) test.

MINNESOTA: No restrictions for senior drivers. Licenses last for four years

MISSISSIPPI: Mississippi drivers, regardless of age must renew their licenses every eight years. Mississippi law makes provision for anyone to report a potentially unsafe driver. The state gives the person ten days to schedule a hearing. If medical reasons are the basis of the complaint, the Department of Safety can seek a report from the persons physician.

NEW HAMPSHIRE: In New Hampshire license renewals are required every five years, with no special provisions for older drivers.

NEW JERSEY: New Jersey drivers licenses are renewed every four years, with no special provisions for older drivers. In an interesting twist all drivers are supposed to have their vision tested every 10 years, but the Motor Vehicle Commission has conceded that the eye testing program has never been fully implemented. By law

doctors are required to report certain health conditions to the licensing agency, but other people also can report possibly unsafe drivers of any age for a review.

NEW YORK: The licenses of New York drives last eight years, with no special provisions for older drivers.

OKLAHOMA: Licenses are renewed every four years, with no special provisions for any age. Any person can file a “request for action” with the Department of Public Safety if they’re concerned about a driver’s safety, and the person has 60 days to come in for a hearing so officials can evaluate fitness to drive.

SOUTH DAKOTA: Licenses are renewed every five years, with no special provisions for older drivers. Anyone can report a possibly unsafe driver for testing.

TENNESSEE: Licenses are renewed every five years, with no special provisions for older drivers.

VERMONT: Licenses are renewed every four years, with no special provisions for older drivers.

WISCONSIN: Licenses are renewed for Wisconsin seniors every eight years, with no special provisions for older drivers. If a doctor reports that a person shouldn’t be driving, that person’s license is automatically revoked. There is a review process to a medical review board. Any person can report an unsafe driver, an action which requires the person take a road test and visit a physician.

WYOMING: Licenses are renewed every four years, with no special provisions for older drivers.

Renewals in person at certain ages.

ALASKA: Alaskans are required to renew their licenses every five years. At age 69 people may not renew by mail. While applying in person, agents observe the applicant for any sign of impairment.

LOUISIANA: License renewals take place every four years, but drivers who are 70 year-of-age must renew in person.

MISSOURI: Missouri drivers renew every six years, but at age 70 the period is reduced to three years. Missouri law authorizes doctors, law enforcement, social workers, therapists and immediate family members to report a potentially unsafe driver to the Department of Revenue, which can investigate and require testing or license restrictions. Reporting is confidential.

NEBRASKA: License renewals in Nebraska are required every five years, but starting at age 72 drivers must renew in person. The state trains examiners to look for signs that a driver’s physical or cognitive skills are impaired and if the determine they might be they have the authority to require any type of driver’s test. Law enforcement or family members may report someone as a potentially unsafe driver. If that happens, drivers are required to see a physician and eye doctor and then report for a driving test.

OHIO: Ohio driver’s licenses are good for four years, with no special provisions for older drivers. Ohio drivers, at the time their current driver license expires, are required to renew their license in person at a local BMV office. Most senior drivers will be asked to undergo a basic vision test to ensure they are able to safely operate a motor vehicle. The vision test consists of testing with respect to acuity and also horizontal fields. Drivers who report physical or medical disabilities will be required to complete a medical packet that needs to be completed and returned within 30 days to the BMV.

TEXAS: Texas licenses are renewed every six years. Texas seniors, when they reach the age of 79, must renew their licenses in person and submit to a vision test. Beginning at age 85, Texas seniors must renew every two years.

VIRGINIA: All Virginia driver’s licenses are renewed every eight years. Starting at age 80, drivers must renew in person and pass an eye test or provide proof of a recent vision exam.

WASHINGTON: Licenses are renewed every five years. Beginning at age 65, drivers must renew in person. In-person renewals, which all ages must do every second renewal, allow trained licensing officials to look for signs of health conditions that could affect driving ability.

Renewal periods limited

HAWAII: Hawaii drivers renew their licenses every eight years, at age 72 this period is reduced to every two years.

INDIANA: Beginning at age 75, senior drivers must renew their license every three years rather than every six years for younger drivers. When Hoosier seniors reach age 85, they must begin renewing every two years.

MONTANA: Big Sky drivers at age 75 must renew their licenses every four years, instead of every eight years.

NORTH CAROLINA: At age 66 North Carolina drivers license renews are reduced from eight years to five. NC has provisions in their law that allow Doctors, family members and law enforcement to report potentially unsafe drivers of any age to the Department of Motor Vehicles’ medical evaluation program, initiating an investigation into the fitness of a driver.

RHODE ISLAND: Every Rhode Island driver, no matter their age, has the option to renew online every other time. At age seventy-five they are required to renew every two years rather than five for younger drivers.

Renewal periods limited plus test after age 65

ARIZONA: At twelve years Arizona has the longest lasting license. At age sixty-five all licenses expire and drivers must renew every five years, in person, with a written and vision test at each renewal.

CALIFORNIA: California driver’s licenses are renewed every five years in person, by mail or online. At age seventy drivers must renew in person with a written and vision test each time. State law provides for confidential reporting of an unsafe driver, and California is one of the few states to require that doctors report certain medical conditions that could impact driving ability. Any person can file, in confidence, an unsafe driver, which will set into motion a hearing and possible testing.

COLORADO: At age 61 Colorado licenses renewals a reduced from ten years to five years. At age sixty-six drivers must renew in person or by mail if they provide an MD or optometrist’s certification that the person has passed an eye test within six months of the filing.

DISTRICT OF COLUMBIA: License renewal is required every eight years. As a driver reaches the age of seventy they must renew in person and provide an up-to-date doctors certification that they are medically fit to be licensed

FLORIDA: In Florida, license renew is required every eight years. At age eighty that time limit is reduced to every six years and with each renewal the senior driver must pass a vision exam. Florida supports a confidential reporting policy for unsafe drivers.

The state may ask those drivers to provide reports from their doctor or testing at a driver license office.

GEORGIA: The normal renewal period is eight years and at age 59 that period is limited to five years. At age 64 a driver must pass a vision exam with every renewal

IDAHO: Starting at age 64, the renewal period is every four years compared with every eight years for younger drivers. At age 69, drivers must renew in person at the county sheriff’s office and pass an eye exam.

ILLINOIS: Beginning at age 75, Illinois drivers must take a road test and eye exam to renew a license every four years. At age 81, the renewal period is reduced to every two years instead of every four, and at age 87, drivers must renew annually.

IOWA: Beginning at age 70, Iowa drivers must renew their license every two years as opposed to every five years for most drivers. All renewals are done in person with a vision test.

KANSAS: Kansans renew every six years until they reach the age of 65 and then they renew every four years. Every driver must pass a vision test or provide proof from an optometrist.

MAINE: Beginning at age 65, Maine drivers must renew their drivers license every four years instead of every six years. A vision test is required at the first renewal after a driver turns 40, and at every second renewal until age 62. After age 62, an eye exam is required at every renewal. Citizens and doctors may report potentially unsafe drivers for examination by a medical review board.

MARYLAND: All renewals, no matter your age take place every eight years. An eye exam is required starting at age 40 for every renewal.

MASSACHUSETTS: Drivers licenses last for five years, but starting at age 75 drivers must renew them in person and either pass an eye exam or present proof of recent vision screening.

NEVADA: Renewals are required every four years. Starting at age 71, drivers cannot renew by mail unless they include a doctor’s note saying they’re physically fit to drive plus a vision-screening report. Regardless of age, all drivers must renew in person every eight years, receiving an eye exam, and staff can require anyone to take a written or road test if they suspect mental or physical impairments that may affect driving.

NEW MEXICO: New Mexico drivers have an option of getting driver’s licenses that last for four or eight years until they reach age 67, at which time they can get only a four-year license. Beginning at age 75, drivers must renew annually. (This renewal is free of charge) Drivers of any age must take a vision test with each renewal.

OREGON: Licenses are normally renewed every eight years. Beginning at age 50, drivers must undergo vision screening with every renewal. Oregon requires certain health care providers to report “severe and uncontrollable” impairments that may affect driving safety, regardless of age. The state also accepts voluntary reports of possibly unsafe drivers. Those people have 60 days to provide updated medical information or undergo certain testing, before license officials determine next steps.

PENNSYLVANIA: Licenses are renewed every four years, with no special provisions for older drivers. The state Department of Transportation essentially audits drivers. About 1,900 randomly chosen drivers a month, all over age 45, are required to get a physical from their own doctor and an eye exam, either from licensing officials or an eye doctor, before they can renew a license. It also fields about 22,000 reports a year of possibly unsafe drivers from health providers, family members and others.

SOUTH CAROLINA: Starting at age 65, drivers must renew licenses every five years instead of every 10. Also, a vision test is required for those 65 and older.

UTAH: Licenses are renewed every five years regardless of age. Starting at age 65, drivers must get an eye exam with each renewal.

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