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re: Elderly man spends 20k on ATV; family upset with dealer
Posted on 5/22/17 at 1:43 pm to 14&Counting
Posted on 5/22/17 at 1:43 pm to 14&Counting
Someone with mild dementia can still be capable of making legal and financial decisions. The only person that can determine if someone is competent or not is a medical professional and this man was diagnosed after the fact.
This post was edited on 5/22/17 at 1:50 pm
Posted on 5/22/17 at 1:52 pm to brbengalgal
quote:
. The only person that can determine if someone is competent or not is a medical professional and was diagnosed after the fact.
That's Bs and dementia doesn't just turn on overnight usually, it's usually a pretty slow process. So if he was diagnosed a couple months later he extremely likely to be affected by it well before the official diagnosis. It's definitely extremely likely this guy had a very difficult time buying this vehicle. If you've ever been around someone with dementia there are absolutely warning signs and clear indicators.
It's also extremely possible his dementia was part of the reason he bought it, it could of been for some stupid reason like he thought he could drive it on the road without a license or it was 'a cool looking jeep'.
No one was there so it's very possible it was hard for the dealer to know. But it's also extremely possible they knew they were selling to a lunatic that could barely sign his own name. The only sure thing is no one knows and no one can say either way. But the family very well could of known that he was losing his mind at that time and that no one should of sold to him. This guy had been driving for years and there are tons of older folks who shouldn't be on the road, so his ability to drive there and home is really not a great indicator either.
Posted on 5/22/17 at 3:56 pm to brbengalgal
quote:But a medical professional could also determine, to a degree of medical probability, that the man did not have the capacity to enter into a contract at the time of contracting this invalidating the contract.
The only person that can determine if someone is competent or not is a medical professional and this man was diagnosed after the fact.
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