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What Can Be Done About Driving Skills As We Age?

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OCTOBER 7, 2002 VOLUME 10, NUMBER 14

Driving is an enormously important issue to our elderly (and disabled) clients, their family and friends. In the western U.S. and particularly in Tucson, transportation without a car is difficult and inconvenient. Safety of both the driver and the public is paramount, but the loss of independence and self-esteem as well as easy access to groceries and medical care must be addressed when a loved one can no longer safely drive.

There is no mandatory cut-off age for giving up driving. However, even the healthiest senior citizens experience age-related “slowing down” at some point — less flexibility in movement, a decrease in night vision, blurred vision from cataracts, hearing loss, etc. When decreased physical or psychological function cause unsafe behavior —either on the road or in other activities — driving should be suspended until that behavior is evaluated.

If one has difficulty seeing to prepare meals or cannot hear when there is loud knocking at the door, driving is likely also a hazard. All drivers, but especially seniors (who tend to take increasing amounts of medication as they age) must be attuned to the fact that many medications create hazardous driving situations. For example, allergy medications as well as drugs used to treat high blood pressure often have a strong sedative effect.

Seniors and their friends/families have many information resources. Information available online includes the AAA-sponsored driver evaluation and www.la4seniors.com, both of which help in identifying and addressing driving problems. For drivers concerned about maintaining their skill levels, AARP’s “55 Alive Driver Safety Program” is taught locally at the Pima Council on Aging (enrollment is limited; contact them at 298-3120 first.)

In 1999, the American Medical Association changed its ethical guidelines so that physicians, despite their duty to keep confidences, may report a patient’s driving impairments in order to protect public safety. Physicians or family members concerned that a senior should not be driving may contact the AZ Dept of Motor Vehicles, Medical Review Program at 1452 N Eliseo C. Felix, Jr. Way, Avondale, AZ 85323 [(623) 925-5795]. Advanced age alone is insufficient; the letter of concern should detail the driver’s deficits and must contain the driver’s name, address, date of birth, and if possible the driver’s license number.

Revoking a driver’s license may not stop the impaired driver. In a future newsletter we will discuss some strategies to deal with that problem.

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Robert B. Fleming

Attorney

Robert Fleming is a Fellow of both the American College of Trust and Estate Counsel and the National Academy of Elder Law Attorneys. He has been certified as a Specialist in Estate and Trust Law by the State Bar of Arizona‘s Board of Legal Specialization, and he is also a Certified Elder Law Attorney by the National Elder Law Foundation. Robert has a long history of involvement in local, state and national organizations. He is most proud of his instrumental involvement in the Special Needs Alliance, the premier national organization for lawyers dealing with special needs trusts and planning.

Robert has two adult children, two young grandchildren and a wife of over fifty years. He is devoted to all of them. He is also very fond of Rosalind Franklin (his office companion corgi), and his homebound cat Muninn. He just likes people, their pets and their stories.

Elizabeth N.R. Friman

Attorney

Elizabeth Noble Rollings Friman is a principal and licensed fiduciary at Fleming & Curti, PLC. Elizabeth enjoys estate planning and helping families navigate trust and probate administrations. She is passionate about the fiduciary work that she performs as a trustee, personal representative, guardian, and conservator. Elizabeth works with CPAs, financial professionals, case managers, and medical providers to tailor solutions to complex family challenges. Elizabeth is often called upon to serve as a neutral party so that families can avoid protracted legal conflict. Elizabeth relies on the expertise of her team at Fleming & Curti, and as the Firm approaches its third decade, she is proud of the culture of care and consideration that the Firm embodies. Finding workable solutions to sensitive and complex family challenges is something that Elizabeth and the Fleming & Curti team do well.

Amy F. Matheson

Attorney

Amy Farrell Matheson has worked as an attorney at Fleming & Curti since 2006. A member of the Southern Arizona Estate Planning Council, she is primarily responsible for estate planning and probate matters.

Amy graduated from Wellesley College with a double major in political science and English. She is an honors graduate of Suffolk University Law School and has been admitted to practice in Arizona, Massachusetts, New York, and the District of Columbia.

Prior to joining Fleming & Curti, Amy worked for American Public Television in Boston, and with the international trade group at White & Case, LLP, in Washington, D.C.

Amy’s husband, Tom, is an astronomer at NOIRLab and the Head of Time Domain Services, whose main project is ANTARES. Sadly, this does not involve actual time travel. Amy’s twin daughters are high school students; Finn, her Irish Red and White Setter, remains a puppy at heart.

Famous people's wills

Matthew M. Mansour

Attorney

Matthew is a law clerk who recently earned his law degree from the University of Arizona James E. Rogers College of Law. His undergraduate degree is in psychology from the University of California, Santa Barbara. Matthew has had a passion for advocacy in the Tucson community since his time as a law student representative in the Workers’ Rights Clinic. He also has worked in both the Pima County Attorney’s Office and the Pima County Public Defender’s Office. He enjoys playing basketball, caring for his cat, and listening to audiobooks narrated by the authors.