The when ready safety problem
When a person with dementia continues to drive after their license has been suspended, you are facing a public safety emergency that requires action within days, not weeks. A suspended license means a doctor, court, or DMV has already determined that person is unsafe behind the wheel — and dementia makes the situation more dangerous because the person may not remember the suspension, may not understand why they cannot drive, or may become defensive or confused when confronted.
Your first step is to remove the person's access to the car keys and vehicle. This is not negotiation or persuasion — it is prevention. If the person lives with you or you have regular access to their home, take the keys now and store them somewhere they cannot find them. If they live alone or you do not have regular access, you will need to involve other family members, their doctor, or law enforcement to find the vehicle.
Understand that you may face legal liability if this person drives and causes injury or property damage. Many states hold family members responsible when they know someone is driving unsafely and do nothing to stop it.
Key Takeaways
- Remove car keys and disable the vehicle when ready — dementia makes it unsafe to rely on the person remembering or understanding the suspension.
- Contact the person's doctor and ask them to document the dementia diagnosis and unsafe driving in the medical record, which strengthens any future legal action.
- If the person lives alone or you cannot access the vehicle, call the local police non-emergency line and report that a person with a suspended license is driving; provide the vehicle description and license plate.
- You may need to pursue guardianship or power of attorney through the court if the person refuses to stop and you cannot physically prevent access to a vehicle.
- Family members can face legal liability if they know someone is driving unsafely and do not take steps to stop it.
Removing access to the vehicle
The most direct method is to take possession of the car keys and keep them in a place the person cannot access — a locked drawer, a separate location, or with another family member. If the person has a spare set of keys, find and remove those as well. Check for keys hidden in the garage, under flowerpots, or in other places they may have stashed them.
If taking the keys is not enough, disable the vehicle itself. You can remove the battery cables, drain the fuel tank, or ask a mechanic to disable the ignition system. Some newer cars can be disabled through the manufacturer's app or by contacting the dealership with proof of ownership. The goal is to make the car physically unable to start, so that even if the person finds keys, they cannot drive.
If the person does not live with you and you do not have legal authority to take their keys, you will need to involve their doctor, a family member who does have access, or the police. Do not attempt to take keys from someone else's home without legal authority — that can expose you to trespassing or theft charges.
Involving the person's doctor
Contact the physician who referred the person for the license suspension or who diagnosed the dementia. Tell the doctor that the person is still driving despite the suspension and ask the doctor to document this in the medical record. The doctor may be able to have a direct conversation with the person about why driving is unsafe, which sometimes carries more weight than family members saying the same thing.
Ask the doctor to write a letter stating that the person is not safe to drive due to dementia. This letter becomes important evidence if you later need to pursue guardianship, if the person is arrested for driving with a suspended license, or if you need to convince other family members that action is necessary. The letter also protects you by showing you took reasonable steps to address the problem.
Some doctors will also contact the DMV directly to reinforce the suspension or to recommend that the person be placed on a do-not-renew list so they cannot renew their license when it expires.
Reporting to law enforcement
If you cannot physically prevent the person from driving — because they live alone, because they have access to another vehicle, or because other family members are not cooperating — call the local police non-emergency line and report that a person with a suspended license is driving. Provide the person's name, address, vehicle description, license plate number, and the fact that they have dementia and a suspended license.
The police cannot arrest someone for driving with a suspended license based solely on a report, but they can watch for the vehicle and stop the person if they see them driving. Each traffic stop creates a record and increases the likelihood that the person will face criminal charges, which may finally convince them or their family that the situation is serious.
If the person is stopped and arrested for driving with a suspended license, that arrest record can be used in court if you later pursue guardianship or if you need to show that you took reasonable steps to prevent the driving.
Pursuing guardianship or power of attorney
If the person refuses to stop driving and you cannot physically prevent access to a vehicle, you may need to go to court to gain legal authority over their decisions. Guardianship gives you the legal power to make decisions on the person's behalf, including whether they can drive. Power of attorney is a document the person signs giving you authority — but it only works if the person is still mentally capable of understanding what they are signing, which may not be true with advanced dementia.
Guardianship requires filing a petition in the probate or family court in the county where the person lives. You will need to show the court that the person is unable to make safe decisions due to dementia. The doctor's letter stating the person is unsafe to drive, police reports of the person driving with a suspended license, and testimony from family members all support your petition. The process takes several weeks to several months and involves court fees, but it gives you legal authority to prevent the person from driving.
If the person is already in a nursing home or assisted living facility, the facility may have authority to prevent them from leaving with a vehicle, which can serve as a practical alternative to guardianship.
What happens if they are arrested
If the person is stopped and cited or arrested for driving with a suspended license, they will face criminal charges. The penalties vary by state but typically include fines, a longer license suspension, and possible jail time. For a person with dementia, jail is dangerous — they may become confused and frightened, and they may not understand what is happening or why.
If the person is arrested, contact a criminal defense attorney when ready. The attorney can argue that the person's dementia makes them unable to understand the law or to form criminal intent, which may result in reduced charges or diversion to a mental health court instead of criminal prosecution. The attorney can also use the arrest as leverage to convince the person or their family that driving must stop.
An arrest also creates a record that strengthens your case if you pursue guardianship, because it shows the court that the person is a danger to themselves and others.
Helping the person adjust to not driving
Losing the ability to drive is a major loss of independence, and a person with dementia may grieve it, become angry, or repeatedly ask why they cannot drive. Expect this reaction and plan for it. Do not argue or try to convince them — their dementia may prevent them from retaining the explanation, and arguing often makes them more upset.
Instead, redirect their attention and offer alternatives. Arrange for rides from family members, volunteer driver programs, or medical transportation services. Many communities have senior transportation programs that are free or low-cost. If the person wants to "go for a drive," take them as a passenger instead of letting them drive.
Some people with dementia will accept not driving if they do not have access to keys or a vehicle — out of sight, out of mind. Others will repeatedly ask for keys or try to leave to drive. For those people, you may need to increase supervision, move them to a facility where staff can monitor them, or pursue guardianship so you have legal authority to prevent them from leaving unsupervised.
Frequently Asked Questions
Can I take someone's car keys without their permission?
If the person lives with you or you have legal authority (guardianship or power of attorney), yes. If they live alone or you do not have legal authority, you cannot take their keys without risking theft charges. Instead, contact their doctor, another family member with access, or the police.
What if other family members think the person should still be driving?
Get the person's doctor to write a letter stating they are unsafe to drive. Share this letter with all family members. If they still disagree, document your concerns in writing and keep copies. If the person causes an accident, your documentation shows you tried to prevent it.
Will the police actually do anything if I report them?
Police cannot arrest based on a report alone, but they can watch for the vehicle and stop the person if they see them driving. Each stop creates a record. If you report multiple times and the person is stopped multiple times, it strengthens your case if you later pursue guardianship.
How much does guardianship cost?
Court filing fees range from a few hundred to over a thousand dollars depending on the state and county. You may also need to pay an attorney, though some counties have public guardianship programs that can help at reduced cost. Ask the probate court clerk about fee waivers if you cannot afford the filing fee.
What if the person has dementia but still has a valid license?
Contact their doctor and ask the doctor to refer them to the DMV for a driving evaluation or to report them to the DMV directly. Many states allow doctors to report unsafe drivers confidentially. You can also contact the DMV yourself and request a re-evaluation based on the dementia diagnosis.