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CalAttorney2
CalAttorney2, Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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Can i person make a metaly encapacitated person take out a

Customer Question

can i person make a metaly encapacitated person take out a CD and place their name on it with the name of metaly encapacitated person ?
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

No, that is a form of fraud. If one party to a transaction knows, or reasonably should have known, that the other party lacked the requisite capacity to understand the transaction, the court will hold the transaction to be "voidable" (the injured party can enforce or void the contract at their option).

If the other party is engaged in this intentionally, this can also be a criminal offense, and local law enforcement should be contacted.