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86 year old dementia patient must pay $400


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103 replies to this topic

#41 OFFLINE   studechip

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Posted 29 March 2013 - 07:30 AM

Here is an interesting read for those who think a demetia patient can legally enter into a contract:
http://massestatelaw...egal-documents/
As stated in this link, someone affected by dementia may not be legally responsible.

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#42 OFFLINE   studechip

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Posted 29 March 2013 - 07:30 AM

That would be one opinion. Not a very polite or nice one. Many companies understand that good will generates more income. And bad will, hard line tactics gain a few hundred dollars. Penny wise, dollar foolish.

Peace,
Tom


I agree Tom, given the circumstances of the situation.

#43 OFFLINE   irlspotter

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Posted 29 March 2013 - 07:45 AM

I’d like to know how your 86 year old uncle with dementia could even remember how to work the DirecTV. My 88 year old uncle with dementia can’t even remember how to turn on the TV. But when he tries, he is great at deleting all the stuff I want to watch. D* needs to implement a passcode to enter before deleting a program, so they don’t get intentionally erased by someone who doesn’t know what they are doing.

#44 OFFLINE   Mike Greer

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Posted 29 March 2013 - 07:52 AM

No need for the personal attacks Tom.


Oh please! Give me a break...:lol:

#45 OFFLINE   Hoosier205

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Posted 29 March 2013 - 07:53 AM

So if the man was already affected by the dementia and didn't know what he was doing, you think legally and morally that the contract show be honored?


You obviously haven't spent much time around those suffering from dementia. Had he been in that bad of shape, he wouldn't have been able to manage the entire of process of ordering service and having it installed. The family needs to honor their obligations rather than looking for ways to avoid them.
DTV = Digital Television

#46 OFFLINE   Hoosier205

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Posted 29 March 2013 - 08:01 AM

Here is an interesting read for those who think a demetia patient can legally enter into a contract:
http://massestatelaw...egal-documents/
As stated in this link, someone affected by dementia may not be legally responsible.


It might help if you actually read what you link to.
DTV = Digital Television

#47 OFFLINE   Mike Greer

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Posted 29 March 2013 - 08:04 AM

I’d like to know how your 86 year old uncle with dementia could even remember how to work the DirecTV. My 88 year old uncle with dementia can’t even remember how to turn on the TV. But when he tries, he is great at deleting all the stuff I want to watch. D* needs to implement a passcode to enter before deleting a program, so they don’t get intentionally erased by someone who doesn’t know what they are doing.


It must be horrible! Lord only knows the hardship you must be suffering through. I mean missing all the TV programming is one of the worst things that can happen in life.:nono2:

If you (and me) never have to suffer through the agony of dementia we should consider ourselves truly fortunate. Problems with something as inconsequential as watching TV don't even deserve to be discussed alongside life altering/ending illnesses especially something as horrible as dementia.

#48 OFFLINE   studechip

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Posted 29 March 2013 - 08:29 AM

You obviously haven't spent much time around those suffering from dementia. Had he been in that bad of shape, he wouldn't have been able to manage the entire of process of ordering service and having it installed. The family needs to honor their obligations rather than looking for ways to avoid them.


My best friend died last year after suffering from Parkinson's induced dementia. I am well aware of what it's like.

#49 OFFLINE   MysteryMan

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Posted 29 March 2013 - 08:34 AM

I am not without sympathy but there is more to this than meets the eye. My wife is a special education school teacher who works with Autistic children. Her mother died of Dementia. There is no cure for either disease. Those afflicted with chronic Autism will need life long care. Those afflicted with Dementia will eventually need total care. People at the age of the OP's uncle are rarely in good health and shouldn't still be caring for someone who is disabled. Given that, why did the OP and his family wait until the last minute to assist the uncle and his son?

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#50 OFFLINE   peds48

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Posted 29 March 2013 - 08:34 AM

It might help if you actually read what you link to.


Right on…

"…In addition, the fact that a person has dementia or Alzheimer’s disease does not necessarily imply that the person lacks sufficient capacity to sign legal documents…
Here’s to the crazy ones.
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The the troublemakers.
The round pegs in the square holes.

The ones who see things different.
They’re not fond of rules, and they have no respect for the status quo.


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#51 OFFLINE   studechip

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Posted 29 March 2013 - 08:38 AM

Right on…

"…In addition, the fact that a person has dementia or Alzheimer’s disease does not necessarily imply that the person lacks sufficient capacity to sign legal documents…


Correct. I didn't say he couldn't legally sign documents. I said if he was affected by the dementia and didn't know what he was doing. You two should read what I said before you accuse me of not doing the same.

#52 OFFLINE   sigma1914

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Posted 29 March 2013 - 10:14 AM

Here is an interesting read for those who think a demetia patient can legally enter into a contract:
http://massestatelaw...egal-documents/
As stated in this link, someone affected by dementia may not be legally responsible.


Thanks for finding that. I thought the elderly and those specifically with mental illness were protected.

It sickens me to see the elderly preyed on by shady business practices.

To the original poster.... If you don't get anywhere with the Ellen F. office, then contact a local news channel.
If you stop responding to them or put them on ignore, then eventually they'll go away.

#53 OFFLINE   n3vino

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Posted 29 March 2013 - 10:37 AM

That was an example, perhaps a bad one. The point is that once loop holes are created folks will exploit them. So if DirecTV put a disclaimer on their contract saying "under special circumstances contract can be voided, with proof" this will be an opportunity for anyone to get out of their contracts, with proof, which can be found anywhere on the net.

Nobody puts disclaimers such as those in a contract. But special circumstances are written into the law.

If a person dies, who are they going to collect from? His estate if he has one, other than that, they are SOL. In the case of the OP, they would need a medical report as to his condition at the time of the contract as proof because D* doesn't have to take the word of the OP.

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#54 OFFLINE   billsharpe

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Posted 29 March 2013 - 11:35 AM

It might help if you actually read what you link to.


I read the whole attachment. The operable word here is "may." Individual circumstances determine whether the person suffering dementia may or may not enter into a valid contract. I don't believe anything posted so far provides enough information for any poster to determine the validity of this particular contract.

I'm sure further communication by the OP with DirecTV will get the situation straightened out eventually.
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#55 OFFLINE   studechip

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Posted 29 March 2013 - 11:49 AM

I read the whole attachment. The operable word here is "may." Individual circumstances determine whether the person suffering dementia may or may not enter into a valid contract. I don't believe anything posted so far provides enough information for any poster to determine the validity of this particular contract.

I'm sure further communication by the OP with DirecTV will get the situation straightened out eventually.


Precisely what I said earlier, but you said it much better.

#56 OFFLINE   FLWingNut

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Posted 29 March 2013 - 11:50 AM

Whether the gentleman was capable of understanding what he signed is irrelevant to me. What's relevant is that he can't complete the contract due to mental disability and for that the fee should be waived, same as if he died. Or just like moving to a place without a LOS, or moving into a nursing home. Qualifies as a special circumstance.

Whether they legally can enforce is immaterial - they should not as a matter of smart PR, if nothing else.

#57 OFFLINE   Tom Robertson

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Posted 29 March 2013 - 11:56 AM

I’d like to know how your 86 year old uncle with dementia could even remember how to work the DirecTV. My 88 year old uncle with dementia can’t even remember how to turn on the TV. But when he tries, he is great at deleting all the stuff I want to watch. D* needs to implement a passcode to enter before deleting a program, so they don’t get intentionally erased by someone who doesn’t know what they are doing.


Watching people deteriorate is very sad, but also very interesting in watching reverse brain development. I had the joy of watching my grandchildren and great grandchildren go through stages of intellectual growth. And watched grandparents go through their dementia.

Some dementia sufferers retain the most interesting skills yet are incapable of understanding a contract. Others retain some deep thinking abilities yet can't remember new things.

Peace,
Tom

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My real treasures: 5 Grandchildren - S, D, M, M, C ; Now 5! Great-Grandtibbers - B, H, J, A, and M (Born 7/31/2011)


#58 OFFLINE   Bill Broderick

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Posted 29 March 2013 - 12:37 PM

I can't believe that this conversation is still going on. Everyone does realize that, in post 27 of this thread, someone who works in the Office Of the President reached out to the OP in attempt to take care of his problem, right?

Maybe it's possible that I'm misunderstanding, but it seems to me that someone who is actually authorized to make these decisions has decided that the 2 year commitment for the 86 year old dementia patient can be waived.

Shouldn't that be the end of the discussion?

#59 OFFLINE   Tom Robertson

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Posted 29 March 2013 - 12:40 PM

<laughs at self> !rolling

I actually missed his post, somehow. Thanks for the reminder. :)

Peace,
Tom

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My real treasures: 5 Grandchildren - S, D, M, M, C ; Now 5! Great-Grandtibbers - B, H, J, A, and M (Born 7/31/2011)


#60 OFFLINE   Mike Greer

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Posted 29 March 2013 - 02:22 PM

I can't believe that this conversation is still going on. Everyone does realize that, in post 27 of this thread, someone who works in the Office Of the President reached out to the OP in attempt to take care of his problem, right?

Maybe it's possible that I'm misunderstanding, but it seems to me that someone who is actually authorized to make these decisions has decided that the 2 year commitment for the 86 year old dementia patient can be waived.

Shouldn't that be the end of the discussion?


I read it as an offer of help - not as 'it's fixed'.




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