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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32323
Experience:  Began practicing law in 1992
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The sale of a car be reversed if someone may be taking

Customer Question

the sale of a car be reversed if someone may be taking advantage of an elderly person with dementia?
JA: What state are you in? It matters because laws vary by location.
Customer: Ohio
JA: Has anything been filed or reported?
Customer: The car title may have changed hands as the car has been taken out of state
JA: Anything else you want the lawyer to know before I connect you?
Customer: Is an involuntary stay in a mental hospital a sign of incompetence?Dementia memory loss symptoms outdoors without clothing for example
Submitted: 1 month ago.
Category: Legal
Expert:  Dwayne B. replied 1 month ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 1 month ago.

Yes, it is possible to reverse the sale of a car if it was done taking advantage of an elderly person who had dementia at the time of the sale.

Dementia can be something that a person has all of the time or with a different form it can be something that comes and goes. If they had it at the time of the sale then someone could hire a lawyer to file a lawsuit on behalf of the elderly person to reverse the sale and get the car back to them.

An involuntary stay in a mental hospital could be a sign of incompetence bit it isn't automatically a sign of incompetence. There are a number of different metal health issues which could result in a stay, some of which would make the person incompetent and some of which would not. For example, someone suffering from severe depression who attempts suicide could be involuntarily sent to a mental health facility and yet they are completely competent.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 1 month ago.
If the elderly person expresses they want to sell their car and asks for support to do this and this is done but their only son knows an offer was made for $10,000 more for the same car less than a month prior can the elderly person be considered as taken advantage of in this situation?. If the son would pay the estate with his future inheritance can this be made legal before the event of the death of the elderly person?
Expert:  Dwayne B. replied 1 month ago.

It would be one of the facts the court would consider. There is rarely just one fact, other than a doctor's testimony, which makes a court decide that a person isn't competent. It is usually a combination of facts.

I'm not sure what you mean by the question about the son, could you rephrase?

Expert:  Dwayne B. replied 1 month ago.

In a few minutes I will be going offline for a while but will check in periodically throughout the evening.

Customer: replied 1 month ago.
The son has asked me to be the ears to his concerns but he would be the best person to communicate with about details. He may be emotional and has speech impediments that may make him insecure that you would understand him clearly. He will be here within the hour but you have his mobile phone for texts. He may not understand your response or have the ability to follow through unless the answers are clear and concise.
Expert:  Dwayne B. replied 1 month ago.

I have to communicate through this forum, although he can certainly send in a separate request for a phone call. I don't do those but other experts do as an Additional Service.

Customer: replied 1 month ago.
I updated my payment info. Is someone going to phone$59 total charge is my understanding.
Expert:  Dwayne B. replied 1 month ago.

It should go into the queue to be answered by an expert when one comes online that does calls.

Expert:  Dwayne B. replied 1 month ago.

I'll check in again a little later and if there hasn't been a call we can try and figure out if something happened. You may have to do the request the same way you did before, I'm not sure.

Customer: replied 1 month ago.
Gary S. Daugherty is the man with the question and concern please feel free to introduce him. I have heard details from him in the last few weeks and I have questions too. The whole event doesn' t make sense, meaning what was the (motivation for the action in a very short time period). There was a request from his father for $65,000 for his car asking the interested party Would you pay more? when offered $55,000.If offered $60,000 he said," I'll think about it". And upon return from a weeks vacation he reports the car was sold for $45,000, but why?
Expert:  Dwayne B. replied 1 month ago.

That is definitely some evidence that he was not of sound mind when it comes to handling his business affairs and, as I'm sure you know, many people with dementia have problem with their short term memory.

I think you are going to have to go through the same procedure you did earlier to request a phone call. Yours isn't showing in the list. If you get billed twice for some reason let me know and I can send it in to the moderators for you and you can report it on your end as well.

Customer: replied 1 month ago.
I switched to my new debit card today activated it on the phone before I used it to make a deposit. The phone is giving texts as fraud alert which I hope is only a courtesy. I reentered the same information and was told that I updated successfully. If there is still a glitch,it isn't on my end.
Expert:  Dwayne B. replied 1 month ago.

Hopefully it will work okay this time. However, to be sure you can try going to this section of the website http://ww2.justanswer.com/help or sending an email to *****@******.*** and explain to them what happened and they can figure it out.

The experts here are really just users of the website like you are, although from a different perspective obviously. We don't have access to the inner workings, can't fix problems, etc.

Expert:  Dwayne B. replied 1 month ago.

I'll be back again in a little while to check.

Customer: replied 1 month ago.
Short term memory loss is the symptom I've heard most about. The son's birthday being in Sept. was remembered repeatedly in July.This is his only son. The report from the hospital staff was that he wasn't responding well or getting better. They required that he stop driving for six months but didn't see the progress with reflexes that he should to drive again safely. His eyesight is still good and he still is goaded into driving by old . As they don't accept he is changing as he is.
Expert:  Dwayne B. replied 1 month ago.

That's the most common one because (I imagine) it is the most easily recognized. However, a doctor can do the tests and recognize it.

Customer: replied 1 month ago.
He repeats things over and over, the same things, I've heard. My calls with him when he was trying to contact his son were a round about conversation. His son would be known to be at work but he calls looking for him here.Having a cell phone plan together the father got quite involved in the replacement process when Gary had his iPhone stolen from his hand in front of the public library. Trying to get the matter resolved required cooperation from a number of parties with paperwork police report insurance claim and repetitive paperwork at the cell phone dealership.After this stressful event the odd happening that the police found him outdoors looking for his car in his under wear.caused him to be taken to the hospital where they kept him for 5 weeks. He lives alone in a first floor apartment ,falling down too frequently. He has friends and people keep up on his needs and care.
Customer: replied 1 month ago.
The phone is getting the same text message about fraud alert
Expert:  Dwayne B. replied 1 month ago.

That may be what is holding up the process of the call. Did you go to that link or email that I gave you?

Customer: replied 1 month ago.
The family lawyer that we know has been reported to have moved. One week it is to Kenya, the next it is to Colorado,or.Is that Xenia?( near where we live) or is this all a lie and he is still in Springboro, OH, and has not moved? Does this sound as if the lawyer does not want to be contacted by the son, as having a hand in his father's affairs is more convenient if the son is not consulted? A phone call to him sounded as if his children were there in the background and that would be more moving around than would be normal for a young family. I'm not sure that Gary's contact has been answered thoroughly by the lawyer. He would have a more accurate impression of the conversation.He is here waiting for his phone to ring.
Expert:  Dwayne B. replied 1 month ago.

I have no idea about the lawyer. I do know, based on the facts you've given, that what he needs to do is hire another lawyer and file for a guardianship over his father. That will allow him to take control of his father and his father's estate and will prevent his dad from being taken advantage of again.

If he hasn't gotten a call yet you need to contact customer service and see if they can assist you with the issue. I suspect I know what it is but they can correct any problems so he can get his call.

Customer: replied 1 month ago.
OK, I'll check with them. I've heard guardianship is quite a challenge. What may be the state of affairs is that his father may have power of attorney over Gary. I certainly don't qualify even though we are engaged. co habit since 2005., My older sister is very competent and capable of many things. He has an aunt Patty who is often ill and elderly too a cousin of the older man, his father, but she lives far away with a sick husband.
Expert:  Dwayne B. replied 1 month ago.

Anyone that cares about him can do it so long as the other relatives agree and the person isn't disqualified for some reason. The judge prefers to appoint someone that the whole family thinks would be good. The main thing is to get hm protected and then to get him tested and treated, if possible.

Customer: replied 1 month ago.
The customer service instructed me to logout and login in 3-5 minutes. I have. but I didn't look to the email for a link. I don't assume he's being neglected but I do not know. He has an overly emotional personality and hasn't been interested in me for about two years after he chose to move from his upstairs apartment to a first floor apartment. We used to go to dinner occasionally since he moved from the family home where he entertained us even preparing meals for us like family. There isn't a distinct reason that I know of for the change in attitude towards me but we'd like him to be happy and as in control of his life as he would desire or be most comfortable. Gary visits after work twice a week or more.Their relationship has qualities to it that I can see aren't beneficial to Gary emotionally but what is between them IS the only family they have. His father has a girlfriend 10 years younger with parkinson's like effects. She is in a condo at a retirement village with assisted living available
Expert:  Dwayne B. replied 1 month ago.

It sounds like he is going to end up at assisted living as well at some point.

Customer: replied 1 month ago.
The latest email I have from you is 9:01. The insurance he has may not cover nursing home care. He is a marine, WWII vet, Iwo Jima, Bronze Star .The Veteran's VA would care for him.. The other, Lutheran Village may require a status that would have him "sign over " his possessions to his son Gary before he can be cared for.I'm just assuming that means another"moving day " with lots of possessions, estate sale efforts etc where I could be used to complete what would be asked of me, for Gary's sake.Since I hear these things second hand,The girlfriend would have him choose the latter but.he hasn't made a choice.yet. He just purchased himself a new flat screen TV to experience one at home., as if he doesn't plan on moving, saying I'm doing this for you. Should I respond to the offer below with the phone call after resolving the error that was the problem before?
Expert:  Dwayne B. replied 1 month ago.

I am really not sure how that works.

As I said, if you do respond as before for the phone call and get double billed then both you and I can report it to the moderators and I'm sure they will take care of it. They work hard to make sure people are satisfied. It's rare that we have this kind of an issue, I don't think I have ever seen it before.

Customer: replied 1 month ago.
Gary's phone has the thread.(text) The payment info is updated and the charges are $36 total, as of now on the account/card I've provided. He hasn't gotten a call. If this has to be requested again to be completed that is easy but shouldn't be needed again.
Expert:  Dwayne B. replied 1 month ago.

I am not sure what else is required for the telephone call.

I will be signing off completely for the night soon. I've been online for about 12 hours now.

Tomorrow I will be traveling most of the day and then I'll check back tomorrow evening. I will then be gone for a couple of weeks overseas but will occasionally check in as schedule and internet allows. Are there any other question that you have for me?

Customer: replied 1 month ago.
CUBS!! anyway, If there is a need to contact You, not only the site in general, your answers will show as I login again, I guess is that correct?If you are available then you will answer again. We are leaving for a funeral Mon-Friday too Hurricane Matthew shut down the creamatory and my sister was late for her funeral HaHA! another round trip to Florida for us. It can wait another day.
Expert:  Dwayne B. replied 1 month ago.

Yes, that is correct. I would ask you to go ahead and issue a Positive Rating on the question. When you do that the question will lock open and no longer time out so you can come back to it any time in the future, whether it is a day, a week, a month, or a year. In addition, the only way the experts get credit is when a Positive Rating is issued.

I will check in as I can, and have a safe trip.

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