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Ask N Cal Attorney Your Own Question
N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 9078
Experience:  since 1983
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My husband has schizophrenia and is on SSI Disability

Customer Question

My husband has schizophrenia and is on SSI Disability with me, his wife as his payee. A salesperson conned him into signing a contract for solar that is more in $$$ than his electric bill. This person knew there was a problem when the electric bill was in my name. The salesperson told my husband to click on my name in all the "docusign" internet documents. I have never until now known that this was not a "free" system for the disabled. My husband, William L Holliday, Jr., believes whatever he is told and will sign anything with or without my approval. At one time he was an "Idiot Savant" with P&Ls, Business Plans, and Bank Statements but in a major asset sale in 2005 he had a complete breakdown... I cannot afford an attorney but I believe I can file a CA criminal complaint against the salesperson and an ADA complaint against the company. I never signed, "docu" or otherwise my utility account be switched or this 30 year contract. My husband is 65 and I am 60. The new bill will be more than my 12 month average bill that I am currently paying. I have found emails from the company to my husband admitting the "mistake" and issuing a reprimand but, is short he is stuck with the contract and can get an attorney if he wishes... I am now collecting all of those emails and documents... There are ZERO safeguards from anyone signing these "docusign" agreements with the click of a mouse. Pamela * ********
Submitted: 7 months ago.
Category: Legal
Customer: replied 7 months ago.
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Expert:  N Cal Attorney replied 7 months ago.
Thank you for your question. I am sorry to hear this. Yes you can report this to the police as fraud and forgery. You can also filed a civil action for a full refund based on based on the claim that the contract is void for illegality, fraud, forgery, undue influence, lack of capacity, and illegality as an act of financial abuse of a dependent adult under Welfare & Institution Code15610.30. (a) "Financial abuse" of an elder or dependent adult occurs when a person or entity does any of the following: (1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. (2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. (3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in Section 15610.70. (b) A person or entity shall be deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates, obtains, or retains the property and the person or entity knew or should have known that this conduct is likely to be harmful to the elder or dependent adult. (c) For purposes of this section, a person or entity takes, secretes, appropriates, obtains, or retains real or personal property when an elder or dependent adult is deprived of any property right, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent adult. (d) For purposes of this section, "representative" means a person or entity that is either of the following: (1) A conservator, trustee, or other representative of the estate of an elder or dependent adult. (2) An attorney-in-fact of an elder or dependent adult who acts within the authority of the power of attorney.fromhttp://leginfo.ca.gov/cgi-bin/displaycode?section=wic&group=15001-16000&file=15610-15610.70http://leginfo.ca.gov/cgi-bin/displaycode?section=wic&group=15001-16000&file=15610-15610.70via http://leginfo.ca.gov/cgi-bin/calawquery?codesection=wic&codebody=&hits=20 You can get a free consultation from some of the attorneys listed by location here. Sometimes a demand letter from an attorney is sufficient to resolve a dispute like this, so please follow up on this with a local attorney. I hope this information is helpful.