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Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 99492
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My dad who has dementia was served a Cercla lawsuit related

Customer Question

my dad who has dementia was served a Cercla lawsuit related to a dry cleaning plant that he owned in the 60's and early 70's. He leased the property and the owner has been sued by an adjacent property owner for PCE (perc used in dry cleaning process) leak on their property. Can he be served - he has dementia. He doesn't even remember owning the store. He and my mom have no money and no assets except SSN and small government pensions.
JA: The Consumer Protection Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Does he need representation. He is 92 and is also in hospice care and on Medicaid.
JA: Is there anything else the Consumer Protection Lawyer should be aware of?
Customer: no
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Consumer Protection Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Consumer Protection Law
Expert:  Ely replied 6 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. He can indeed be sued. Or rather, his estate can. His lack of capacity would mean that he would need a court appointed guardian and/or an attorney to represent him. Without knowing more about the lawsuit, it is hard to say, but statute of limitations and/or laches may come into play as defense in such a case if this was so long ago. Let me know if you want to know more about statute of limitations or laches. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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