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#123495 - 10/17/03 10:26 PM Mental capacity to enter contract
wlavoie Offline
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wlavoie
Joined: Jul 2002
Posts: 338
Hell's Canyon
A man who is a ward of the county mental health dept. wants a loan for a camper trailer. He has SS income and works part time for mental health. He has a great beacon score and pays on time. The camper trailer is way overpriced so he is refinancing his pickup to cover the collateral. Does he have the mental capacity to enter into a contact? It just doesn't feel right to let him get taken for a ride...
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Lending Compliance
#123496 - 10/19/03 03:50 AM Re: Mental capacity to enter contract
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,886
Bloomington, IN
IMO, you're treading on thin ice. It's not your place, nor are you probably qualified to know whether this person is mentally incapacitated or not. Just because he's a ward of the county health department does not mean he's necessarily mentally incapacitated (although that would be one's first thought). If you truly feel this person does not have the mental capacity to enter into this contract then I would advise contacting your bank's attorney on how to properly proceeed.
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#123497 - 10/19/03 04:51 PM Re: Mental capacity to enter contract
Don_Narup Offline

Power Poster
Joined: Jul 2001
Posts: 3,708
Las Vegas Nevada
Why not call the case worker who is also responsible for what happens to this individual. They may provide a lot of assistance in establishing the capacity of the borrower to enter into contracts.
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#123498 - 10/20/03 12:51 PM Re: Mental capacity to enter contract
Anonymous
Unregistered

If the individual is a ward, that means he has a guardian. I think you need to understand the scope of the guardianship before you proceed. Definitely get your legal department involved.

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#123499 - 10/20/03 05:10 PM Re: Mental capacity to enter contract
HMS Pippii Offline
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HMS Pippii
Joined: Apr 2003
Posts: 1,636
snorkeling in warm, clear wate...
As pointed out, a ward of the court will have a guardian. That guardian is responsible to the court that appointed him or her. That makes this a fiduciary ownership. Check with legal, check with the guardian, and get a copy of the guardianship papers before you go any farther.
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