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Thursday, August 13, 2015

'Ghost' Contract

Meg has been managing Wes’s money as his guardian since his mountain climbing accident left him unable to do it himself.  But her dad is still out there, and you wouldn’t necessarily notice at first glance that he is now incompetent.

Recently, Wes went out and signed a contract to purchase a very expensive car.  The salesman filled out all the forms and told Wes where to sign.  Meg stormed over to the dealership to ask why they hadn’t contacted her since talking with Wes for more than several minutes usually reveals serious problems.

Regardless of why the salesman did or did not notice a problem, the contract Wes signed is not binding.  Meg does not have to spend any of Wes’s money to buy the car.

The law says that actions of a ward in a guardianship regarding contracts are void.  That means that any money Wes has deposited must be returned, and the contract is not binding, because the law treats it as if the contract was never signed.  The car dealer simply does not have a ‘ghost of a chance’ to enforce that contract.

For advice dealing with issues related to loved ones with deteriorating self-care skills without resorting to guardianship by preparing realistically for the future before it is a crisis, call us at (815) 436-1996 for an appointment.

© 2015 Gruber Law Office, Ltd.


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