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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.
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.
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?
In a few minutes I will be going offline for a while but will check in periodically throughout the evening.
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.
It should go into the queue to be answered by an expert when one comes online that does calls.
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.
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.
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.
I'll be back again in a little while to check.
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.
That may be what is holding up the process of the call. Did you go to that link or email that I gave you?
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.
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.
It sounds like he is going to end up at assisted living as well at some point.
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.
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?
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.