Comprehensive Elder Law Services

What Do You Mean I Can’t Drive Anymore?

On Behalf of | Dec 8, 2020 | ESTATE PLANNING |

Driving – that American rite of passage that signals independence more than anything.  Do you remember the day you got your driver’s license?  I sure do.

However, there comes a time when most of us will have to stop driving.  One of my grandmothers voluntarily gave up her license and her car when she realized she could no longer see well enough to drive, and we were all very proud of her for doing so.  But for most people, giving up driving is a very difficult decision and a trying conversation to have with our older loved ones.

In Texas, family, friends, a physicians or even an anonymous person can report unsafe driving to the Department of Public Safety, and ask to have a person’s license medically revoked.  You can make this suggestion to the Medical Advisory Board at the address on this page.  DPS has previously used a form DL-76, which can be found here, although it is not currently available on the DPS website.

The Medical Advisory Board will contact the individual and investigate whether or not a person is able to drive due to a medical condition.  This can result in the revocation of a license, either permanently or pending a comprehensive exam.  In addition, once a license is revoked, the driver must submit proof of insurance to reinstate his or her license.  It may be difficult, if not impossible, to insure a driver who has had his or her license medically revoked.

Another way to have a driver’s license revoked is through a guardianship proceeding.  Under Texas law, a judicial declaration of incapacity can revoke a driver’s license.  This, however, would be a last resort and should not be taken lightly.

If you need help talking to an older adult about giving up driving, Katten Benson Zachry, LLP can assist you.  Please give us a call.