Hello everyone,
My mother in law’s elderly boyfriend recently swapped out his current car lease for a new one in September.
For starters, I really don’t think it was a good idea for a 91-year-old man to start a new lease, but that’s not really the focal point here.
Last week, he told my mother-in-law that he didn’t remember how to get to the corner grocery store. This is somewhere they’ve gone hundreds of times in their relationship and is literally a half mile away. He has admitted to himself he can no longer drive...a month after he started the lease.
A couple of things here of note: the guys at this dealership totally effed him over with the price of the car to begin with, so they wouldn’t give two hoots about hoodwinking an old man with cognitive issues into signing a very bad deal. Not to mention he thought it was up in September not realizing he had a full year left on his current lease. Again, he has a memory issues and cognitive decline going on.
Here is the crux of it all and thanks for reading so far.
I want to know if there are any legal grounds for terminating the lease due to a dementia or even an Alzheimer’s diagnosis if it can be proven he was suffering at the time he signed this contract. Otherwise, he is stuck with a lease that no one in their right mind would buy him out of.
Thanks, all.
Does he have a Guardian?
If he has a Guardian then the Guardian should be able to get him out of the contract. (I am sure a Judge would find that a person diagnosed with dementia and one with a Guardian can not legally enter into a contract.)
If this person does not have a Guardian or an official diagnosis it might be something that needs to be taken up with an Elder Care Lawyer
No guardian, no. And I am pretty sure there has been no official diagnosis yet and any one that comes now will be be after the fact. This man is stubborn and prior to this probably would bristle at the idea of a doctor telling him he has dementia or anything like it. That will definitely not work in his favor.
If you indicate you're calling on behalf of a vulnerable adult, you may be able to get some guidance.
Also ask what other agencies addressing elder law abuse might be able to help out. There might be some affiliated with local bar associations that offer free advice, and less likely, legal assistance.
Other options are to visit local Seniors Centers on the free legal days (which vary by SC) and ask your questions of them on how to nullify a lease.
Do you have a copy of the lease, or can you get one? More than likely, if there are other nullification options, they'd be in the tiny print (so small you need a magnifying glass) on the back of the lease agreement. And they're probably subject to time limits and clauses that benefit only the leasing company.
You'll want information on elder abuse as well as leasing options and alternative remedies to abuse.
A sometimes better option is publicity, negative publicity, shaming publicity, as in the kind when local tv reporters highlight a company that's abused a vulnerable elder. Change.org also used to be a good source for posting information to be shared online.
Someone once posted about an abusive Bank of America practice; so many people supported the complaint and protested against BAC that it rescinded its policy (so I've read).
I do believe we may have to resort to public shaming or bad publicity in this case. I think they deserve it.
We have seen the threat of bad publicity work on vaccums here. Not sure about car leasing. Get help. You can't afford to go wrong here.
When you think what THEY will say to you, they will say "He seemed fine to US. We explained everything and he signed. Where is your proof he was not mentally capable of signing for this". Be ready for that.
And, since you mentioned his memory issue and driving you can go onto the DMV website in the state where he lives and anonymously submit a letter making the case as to why he should have his driving privilege ended. I've done this myself 4 times for 4 close relatives. Good luck!