Aging, Driving, and the Need to Plan Ahead

Blount County authorities recently arrested an 86-year-old Maryville man in connection with a fatal hit-and-run that killed a bicyclist in June. It’s a difficult story, and our thoughts are with everyone affected by it. Cases like this also raise a question many families avoid until it’s unavoidable: at what point does an aging parent’s independence need a second look, and who has the legal authority to step in?

A Hard Conversation Most Families Put Off

Nobody wants to tell a parent it’s time to stop driving. It can feel disrespectful, and even cruel, especially when that parent raised you to be independent yourself. But age-related decline in vision, reaction time, and judgment is common, and it doesn’t always announce itself. Families often wait for a scare, a near miss, or worse, before addressing it directly.

According to the NHTSA, drivers 65 and older accounted for roughly 20 percent of all fatal traffic crashes in 2024, and the number of Americans in that age group grew by 28 percent between 2015 and 2024. As the population ages, more families will face this exact situation. The legal side of aging, however, is something you can prepare for well before a crisis forces the issue.

Why Legal Authority Matters Before a Crisis Hits

If a parent loses the capacity to make sound decisions, whether about driving, finances, or medical care, someone needs the legal standing to act on their behalf. Without that authority already in place, families are often forced into a guardianship or conservatorship proceeding, which is slower, more expensive, and more public than most people expect.

A few documents make that process unnecessary when set up in advance:

• Durable power of attorney. Names someone to manage financial and legal matters if a parent becomes unable to handle them.
• Healthcare power of attorney. Authorizes a trusted person to make medical decisions when a parent cannot communicate their own wishes.
• Advance directive. States a parent’s preferences for end-of-life care, removing guesswork during an already stressful time.
• Updated will or trust. Confirms that assets, including a home or vehicle, pass according to current wishes rather than outdated instructions.

None of these require a crisis to put in place. They work best when signed while a parent is still fully capable of understanding and directing the decision.

Starting the Conversation

Bringing up capacity planning doesn’t have to feel like an ultimatum. Framing it as something you’re doing for the whole family, not singling out one person’s driving, tends to go over better. Here are a few approaches that help:

• Talk about it as routine planning, similar to updating insurance or a will, rather than a response to a specific incident.
• Involve siblings or other close family members so one person doesn’t carry the entire responsibility or the entire blame.
• Bring a written list of questions to an initial consultation with an estate planning lawyer Maryville, TN families already trust, so the conversation stays practical rather than emotional.

Working With Carpenter & Lewis PLLC

At Carpenter & Lewis PLLC, we help families throughout Blount County put these documents in place before they’re needed, and we help families who are already in crisis figure out their options when a parent’s capacity is in question. Every situation looks different, and the right approach depends on your parent’s health, your family’s dynamics, and what’s already been set up.

If a recent story in the news has you thinking about an aging parent’s plan, don’t wait for a bigger scare to act on it. Reach out to our Maryville, TN estate planning lawyer to talk through what documents your family needs and how to get started.