Honestly, having family with dementia and similar memory problems it isn't as clear cut. People really try hard to stretch the incapability for their gain sometimes. A family member tried to claim a specific thing with little monetary value that was given away was given away in a state in which our demented family member wasn't able to act properly. This led to years of court battle.
In the case that is presented here I could imagine unlawful action, but I can as easily think that OP's parent and the tenant had a different relation and were actually fine with signing stuff over. People are emotional when they get older sometimes.
Maybe, but definitely not guaranteed. If you give someone power of attorney you can usually still override their decisions -- they can act in your place, but so can you. You'd have to look at the specifics of the power of attorney, how incapacitated the dad actually is, then whether you can prove beyond a reasonable doubt that the tenant knew the guy was cooked and was taking advantage of him (and even that might not be enough).
The question is, to what extent do you have to verify someone's cognitive ability before signing a contract with them? Obviously there's a line somewhere but it just seems difficult to me to refute a defense of, "They seemed competent enough to me and I didn't know their medical history."
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Honestly, having family with dementia and similar memory problems it isn't as clear cut. People really try hard to stretch the incapability for their gain sometimes. A family member tried to claim a specific thing with little monetary value that was given away was given away in a state in which our demented family member wasn't able to act properly. This led to years of court battle.
In the case that is presented here I could imagine unlawful action, but I can as easily think that OP's parent and the tenant had a different relation and were actually fine with signing stuff over. People are emotional when they get older sometimes.
i don't understand this image, but i see it all the time.. somehow I've not been able to glean its meaning from context. Can you explain it for me?
its called "sicko wistful" so its ment to express longing. Like this emoji
The sickos's are from these https://www.theonion.com/opinion/cartoons
ah ok thank you
It's a reference to
. Same character, who would like to be doing that and is thinking wistfully
Huh, i've always viewed it as external expression, internal thought, like the meme "i do not want to speak. If i speak, i am in big trouble."
So why is ElChapoDeChapo wistful for the tenant to go to jail?
Because he wishes he could
but he cannot if the tenant goes to jail.
Maybe, but definitely not guaranteed. If you give someone power of attorney you can usually still override their decisions -- they can act in your place, but so can you. You'd have to look at the specifics of the power of attorney, how incapacitated the dad actually is, then whether you can prove beyond a reasonable doubt that the tenant knew the guy was cooked and was taking advantage of him (and even that might not be enough).
Jail? For what crime? The contract might not hold up, but there's no way you go to jail for signing an agreement with someone with memory loss.
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Seems like it'd be hard to prove knowledge and intent, at least, especially since the post describes him as lucid, just with memory problems.
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The question is, to what extent do you have to verify someone's cognitive ability before signing a contract with them? Obviously there's a line somewhere but it just seems difficult to me to refute a defense of, "They seemed competent enough to me and I didn't know their medical history."
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