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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111637
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I own a home in which my elderly mother and disabled brother

Customer Question

i own a home in which my elderly mother and disabled brother have lived and signed a contract as conservator for my mother, my mother listed as the customer and resident of the home, for home security with Comcast so she could not wander out without an alarm going off. Am I financially responsible for this contract? Comcast's representative clearly stated and wrote down 24 months for the contract (which I'm finding today was a promotional rate for 24 months) and I am finding a year and a half into it, that in fine print (which I never read because I'm run ragged with the care for them and my own family, and needed something quickly, and made the mistake of trusting the representative!!) the contract is for 36 months!! My mother has been moved into a nursing home, my brother into assisted living, and we have to sell the house as we never were really able to afford it. My mother has not been able to financially care for herself-my dad died 35 years ago-and the little money she gets, now goes to the nursing home. This contract was set up in her name, for her use, previously paid for with her money. I signed the "customer signature" as I do with her things because I am her conservator, and gave my name and last digits of my social as contact party information, but she is listed as the customer with her own phone number (through Comcast) and her address of residence (not mine!). Am I financially responsible as she is unable to pay?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year 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.

If the contract is in her name, then she is liable and her estate is - but you are not, arguably. You signed as her court-authorized conservator, meaning you acted as her agent.

Generally speaking, a duly lawful representative/agent is not liable for the contracts that they sign on behalf of the principal.

Ergo, one wants to send them a letter (if the telephone conversations have run to a stand still) stating as such, and threatening a suit for defamation and malicious prosecution/abuse of process if they try to file a lawsuit against the conservator (i.e. you), and/or a suit under Fair Credit Reporting Act/defamation if they try to place this on one's credit.

They can enforce the debt against her estate. However, not against the conservator.

Let me know if you need a sample letter.

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.

Customer: replied 1 year ago.
I could use a sample letter for contacting Comcast...is there another fee for this? I don't know who to trust anymore!! I have to admit I was disappointed that you present as online attorneys but after paying for the answer qualify yourself as "educators" and not to be taken legally. I already believed what you said to be true but wanted confirmation, and I don't really know if I got it.
Expert:  Ely replied 1 year ago.

If you are not satisfied with the answer, then I am going to opt out and open this up for other experts.

Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it. Also please save your rating for the expert that picks up the thread.

My apologies for any inconvenience and good luck...

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question.
I am a different contributor.
Please understand, state laws forbid us from representing anyone from this site and it specifies that in our terms of service as well. While we are all attorneys, we are restricted to providing customers information only and cannot provide anything that can be deemed representation.
If you want to have us review your letter, we would gladly do so and can make suggestions to make it sound better or make it more in compliance with the laws, but we cannot write a letter for you.
You are NOT being charged for this response and if this is not the type of service for you, then you need to engage a local attorney and you can contact customer service at http://ww2.justanswer.com/help for a refund of any deposit if you like.

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