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Is there a written diagnosis that is dated PRIOR to the date he signed the contract?
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
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Swataz Oct 2019
Thanks for the reply.

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.
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I would just return the car and keys. The guy is 91, he doesn't need credit for anything. He is not stuck, return the car.
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dunazee Nov 2019
I did that with my mom’s leased vehicle. Just dropped it off one day and gave them the keys. Eventually they stopped sending her collection notices. The car had hardly any miles on it, I’m sure they sold it for a profit.
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Research online to find out if there's an Elder Law agency in your state; a low income person could get limited, but good solid legal advice.   That's how I sometimes got advice for myself or my father.

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).
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Swataz Oct 2019
Hi. Thanks for the reply. I do have a copy of the lease and I looked for such an "out" clause in the fine print and honestly, I don't think there really IS one. In fact, my research has indicated these are indeed binding contracts you are signing and you very well may be **** outta luck once it is signed.

I do believe we may have to resort to public shaming or bad publicity in this case. I think they deserve it.
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If you have a written diagnosis that predates his leasing the car I think you are in business. If not I think you are out of luck, especially if this dealership, leasing agent is full of circling sharks. You need an elder law attorney consult NOW T" ODAY as they may be frightened by that and work with you. I am unaware personally how long he has to cancel this new lease. You need to get him, the paperwork and everything you have into an Elder Law specialist today. You may be on the mercy of the dealership. A lawyer may scare them into not wanting bad publicity.
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.
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Swataz Oct 2019
Thanks for the reply. We are definitely looking into a reputable Elder Law attorney for a consult.
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Does anyone have financial Power of Attorney for him? Has he ever been formally diagnosed by a doctor with cognitive decline/dementia? If not, there may not be anything you can do except consult an elder law attorney to see what the options are. Maybe just a letter from a lawyer might change the minds of the leasing agents to release him from the obligation.

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!
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Swataz Oct 2019
Thanks for the reply and advice!
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