What if, anything, can be done if a car dealership leased a car to my father who is both mentally and physically impaired?

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What if, anything, can be done if a car dealership leased a car to my father who is both mentally and physically impaired?

He can barely walk let alone drive; he is 72 years old and has dementia, Parkinson’s disease and curvature of the spine. We haven’t allowed him to drive in 5 years. Yet he got himself to a dealership that leased him a car. I know that what the dealership did was not illegal, but maybe immoral? Can we return this car to the dealer and get out of the lease; it’s only been 12 hours? We called the dealer who said they would take the car back and would come get it but never showed up.

Asked on June 6, 2015 under General Practice, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The law does not prevent people from making decisions, or others from doing immoral things, so selling a car to a physically disabled person who cannot drive is legally fine. But if your father is mentally incapacitated (e.g. dementia), then the contract to lease the car may be void for lack of capacity. If you could show, such as through a doctor's testimony, that your father was not mentally compentent when he entered into the lease, you could get a court to void the lease (deal off; car is taken back; father gets money back) by filing a legal action (lawsuit) if the dealer will not voluntarily take back the car.


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