Submitted by Anonymous on Fri, 06/03/2011 - 08:13
Posted in
My father, who is about to turn 90 years old, went out last year and signed a three year lease on a car he can't really afford. The payments are eating into his living expense money and he is now asking his kids, three of us, for money. He admits he shouldn't have signed the lease and that he didn't really need this particular automobile but when he called the dealer they just told him that he was bound by the contract and would have to continue making the payments or cough up the buyout amount. Is there any law in Massachusetts that protects the elderly from this type of contract? Thanks for your help.
Competence or capacity to sign contract in Massachusetts
No, with very few exceptions, such as with a contract for health club services, there is no law in MA that allows a competent person to walk away from a legal contract that he has signed. If there is some issue of competence or capacity for your dad to enter a contract then you may have other options. Generally speaking, a person is competent to sign a contract if he understands the nature of the document and the consequences of signing it at the time he signed. That last bit is key, because some elderly people with early stages of dementia have good days and bad days. I have greatly oversimplified this issue, but hopefully you get the idea. If you think capacity may be a legitimate issue in this case, you should discuss the matter further with a MA attorney. Good luck.