Is their a law or what can be done about an adult child going to the Department of Motor Vehicles, claiming that her Mother is not compentant to drive and that her license should be revoked?

That is exactly what happened to my Sister-in-Law earlier this year. The DMV confiscated her license just on the word of her daughter. She has been fighting this for over six months seeing several kinds of doctors reporting to the DMV that she is not insane, she does not have dementia and is capable to drive. She is still waiting to hear from the DMV.

This daughter came into her home, after being invited in... Think vampires... "borrowed" her Mothers car and took the title to it and refused to return it after numerouse requests to return it. Finally after the mothers brother (my husband) informed his niece that he was going to buy it and she had better return it, she brought it back although filthy but in good condition.

With the fact that my Sister-in-Law could not drive, has had a very hard time going places even to the grocery store or post office. She went without electric for three months because she could not get to the bank to deposit her Social Security checks and pensiion checks.

I cannot imagine that there is not a law against this type of thing. What can be done?

This is most unusual. It seems to me that the key is to determine if there is a statute that allows for confiscation of a driver's license under the circumstances described. Usually such actions must follow prescribed practices, must provide for a hearing (usually administrative) where evidence from both sides is presented and adjudged.

Mental incapacity cannot be determined by individual opinion or claim, not even by a psychiatrist. Such actions must be supported by examination and consensus of a total of 3 psychiatrists before a court rules. *

What state is involved and how was the license confiscated, that is by written notice, DMV picking it up, etc?

* As a psychologist I am familiar with this aspect of the law but I am not a legal expert. So please interpret my answer accordingly. I'm sure someone more familiar with state statute can offer additional information and support.

Thank you for responding. She lives in Baltimore County, Maryland. She had told me before about what happened but I really didn't understand so when I called her I asked her specific questions. She told me that she received two notices from DMV informing her that her license had been suspended and she needs to return them. The second notice was that she needed to return her tags. This was a complete shock to her. Mind you, she is 75 years old.

Shortly after the receipt of the notices she and a friend went to the DMV in Essex, Md. And turned her license in. Regarding her tags, before she went to the DMV, her daughter, along with two police detectives, came into her home, without knocking. To this day she doesn't know exactly why they were there. During that time her daughter removed her tags off the car and told her that she would take them to the DMV. She doesn't know how her daughter knew that she had to turn her tags into the DMV. Apparently her daughter did take them as the DMV acknowledged receipt with a call to them from her.

During that "visit" from her daughter and the detectives, her daughter went outside and other detectives came in and out and in and out looking around as if they were looking for something. Without a warrant mind you. One detective asked her if she wanted her daughter to come back in and she yelled "Do not bring her back in here. I don't ever want her to come into my home again." With that they all left.

A few days after that a man "walked" into her home, again without knocking, asked her if she was OK and how was her electric?? He sat on her couch asking strange questions like did she hear things, does she converse with her deceased parents, and other weird things. After awhile, he got up and handed her a card saying "give this to your daughter" and he showed her his badge. The card read Dave Feedlander, LCSW-C. It also noted that he was with the Baltimore County Department of Social Services. With that, he left.

As mentioned, to this day she still does not have her license back and trying to get to many doctors visits by the help of a good friend taking her. DMV is currently waiting letters from various doctors informing them of her mental capacity.

Any help you may give us would be greatly appreciated. This should not be allowed to continue and there should be something that she can do to her daughter. A civil lawsuit maybe.

Shortly after the receipt of the notices she and a friend went to the DMV in Essex, Md. And turned her license in.
She turned it in without questioning anyone?

A few days after that a man "walked" into her home, again without knocking
No licensed social worker just walks into someone's home. Are you sure he did this? This doesn't make sense.

She received a notice from the DMV in writing on letterhead.
None of this makes any sense but it happened and she doesn't have a drivers license.
That is why we need to do something to stop it from happening again. I don't understand it either and it amazes me how her daughter got away with it.

She received a notice from the DMV in writing on letterhead.
None of this makes any sense but it happened and she doesn't have a drivers license.
So she turned it in voluntarily with no argument. I'm still stumped as to why she would do that.

That is why we need to do something to stop it from happening again.
Again? She doesn't have a license or plates, right? She can't drive legally.

I don't understand it either and it amazes me how her daughter got away with it.
I'm sorry to make this accusation, but it really sounds like she cooperated fully with her daughter.

She needs to consult with an attorney to find out what her rights are at this point.

Wondergirl... like I said she's 75 years old and obeying the "governments ?? " request to turn in her license.
She doesn't have a drivers license nor plates any more. She's been trying to get them back involving doctors and the DMV.
No, she is not driving at all.
Yes, we need to get a lawyers interpretation of this problem. That's why I'm writing. Apparently you are not a lawyer, right?
She is definitely not cooperating with her daughter, she is cooperating with the DMV.
Thank you for your responses but you don't need to respond any further.

I am not sure that some of the "government" paper work may have been frauded,

No, I know of no state that allows a persons license just to be taken on someone word. The daughter would have had to at least file a written notice of her concern.

And of course it sounds like the 75 year old mother is not making good choices, letting someone she does not know in the home and talking to them, why not call the police?

Just going in and not questioning or challenging the license being suspended.

Her just doing these things make me worry about her mental health. And sorry it is not because she is 75, my mother who was almost 90, would have been down there cursing someone, my 75 year old mother in law would have been at the DMV with an attorney the next day.

And for sure, any of my family would be suing the lady who caused all of this for any of the damages

I'm sure you are relating this incident as best you can based on what you were told by your sister-in-law. However, as Wondergirl has noted, the sequence of events (and events themselves) simply don't follow a logical chain.

Here is what I would recommend: Obtain a copy of the initial notice that was sent from the DMV (notice of suspension, drivers license). That will contain the reason, leastwise the statutory basis, for the suspension. Without that information there is no way to know the necessary steps for reinstatement or to effectively contest the action.

If the action was based on mental capacity I can refer to appropriate agencies for service.

This initial notice should also contain legal remedies available, i.e. hearing etc.

The second notice isn't particularly important as license plates issued to a suspended or revoked driver are commonly recalled. Obviously, the method of seizure seems unusual, but we can deal with that later.

Also, please clarify with your sister-in-law the time and date that the LCSW visited her. I'm particularly concerned with the sequence. Specifically, that this visit did not pre-date the suspension. (You noted that it occurred afterwards).

If you can provide that additional information perhaps we can get you moving in the right direction.

PS As to any cause of action she may have against her daughter, I don't know. It would seem to me that should be further down the line after her driving privileges are restored.

One final note: Most metropolitan areas have a Legal Services Corporation, a not-for-profit group that provides free or low cost legal assistance. Her age alone makes her eligible for assistance. Here is a link to the group in Baltimore. I strongly suggest she contact this organization:

Legal Aid Bureau, Inc. (http://www.lsc.gov/map/state_T32_R26.php)
500 East Lexington Street
Baltimore, MD 21202
(410) 539-5340

I would suggest checking out this site:

Maryland Department of Aging | Senior Information & Assistance (http://www.aging.maryland.gov/senior.html)

Maryland does have laws about abusing the rights of elders. But I have to agree with the others parts of your story so not make sense.

For example this is from the MD DMV site:
Physical or Psychological Disqualification. The Motor Vehicle Administration can order a re-examination of any person who may not be fit to drive. An individual's driving privileges may be suspended if the re-examination finds they are physically or psychologically unable to drive safely.

This indicates the DMV would have to order an exam before ordering a revocation. Could it be possible that the daughter intercepted the mail so your S-I-L never knew of the exam? Have you seen the letters ordering her to turn in her license?

As for letting her electric be turned off, this is not the action of a totally competent person. Most Social Security is direct deposit now. There are senior centers that will provide transportation to seniors. There are other resources as well. So you need to consider that she isn't totally competent.

Does she have a church she regularly attends? Many have resources to help senior members. Her minister may be a good person to enlist in helping her.

I gather that you do not live near her. So it will be hard to help her long distance since you can't see what correspondence she has gotten or talk with officials. So getting local help is important. The site I linked to may have people to help.

Bottom line is there are elder care laws that do try to prevent seniors from being taken advantage of by relatives or others. But the facts need to be known to determine if abuse is actually an issue here.