Elderly Contract Dispute Resolution

Summary

Contracts with individuals who are mentally competent at signing are generally valid. However, if mental capacity declines, enforcement may be affected. Child Protective Services can intervene if children are at risk, impacting living arrangements. Consulting an attorney specializing in elder law or contract disputes is advisable to address these complexities and ensure proper legal evaluation and protection.

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she was found capable originally, but now ... if she would not for sure
In Tennessee, if the elderly woman was found capable at the time of signing the contract, it would typically be considered valid. However, if her mental capacity has significantly declined, and she is now deemed incompetent, this could potentially affect the enforcement of the contract, especially if her current condition endangers others.
One important factor is whether there has been a formal legal determination of her current mental state. Courts may reevaluate the situation based on new evidence of her incapacity and the potential danger she poses.
Have there been any recent legal proceedings or evaluations regarding her current mental state?
no..not than I'm aware. He has already arranged for her to go stay in a small building on her families land. He's trying to move her out immediately
If the elderly woman was originally found capable, the contract is generally valid. However, her current mental state and any new evidence could impact enforcement.
Has there been any attempt to involve Adult Protective Services or seek a new court order regarding her current mental and physical condition?
no
Dennis, given the circumstances, it may be wise to consider the following:
- Capacity at Signing: If she was initially deemed capable, the contract is likely valid.
- Current Mental State: If her mental state has declined and she poses a danger, a new legal evaluation may be necessary.
- Adult Protective Services: Involving them could provide additional support and protection for her.
Have you considered consulting with an attorney to explore the potential for a new legal evaluation or court order?
He is saying its Child Protective services that's making her leave
It sounds like Child Protective Services (CPS) is involved due to concerns about the safety of the grandchildren. Here are some important points:
- CPS Authority: CPS has the authority to intervene if they believe a child is in danger.
- Contract Validity: If the elderly woman was deemed competent when signing, the contract is likely valid.
- New Legal Action: If her mental state has declined, seeking a new legal evaluation might be necessary.
Has there been any formal written notice or court order from CPS regarding her removal?
yes
Case Rating: *
Dennis, here's a summary of your situation:
- CPS Involvement: CPS can intervene if children are at risk.
- Contract Validity: Still likely valid if she was deemed competent when signing.
- Mental Capacity: Her current state can affect enforcement.
Given the formal notice from CPS, consulting with an attorney for both her current mental state evaluation and contract implications is crucial. Have you considered reaching out to a local attorney who specializes in elder law or contract disputes?
yes
Hey Dennis, it sounds like you have a pretty complex situation on your hands. Given the involvement of Child Protective Services and the potential issues with the contract, consulting with an attorney specializing in elder law or contract disputes is crucial. They can help navigate the validity of the contract and address the CPS concerns effectively. Have you decided on which attorney to contact?