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86 year old dementia patient must pay $400

Discussion in 'DIRECTV General Discussion' started by timothy2001, Mar 27, 2013.

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  1. Mar 29, 2013 #41 of 104
    studechip

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    Here is an interesting read for those who think a demetia patient can legally enter into a contract:
    http://massestatelawyer.com/blog/elder-law/mom-sign-legal-documents/
    As stated in this link, someone affected by dementia may not be legally responsible.
     
  2. Mar 29, 2013 #42 of 104
    studechip

    studechip Godfather

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    I agree Tom, given the circumstances of the situation.
     
  3. Mar 29, 2013 #43 of 104
    irlspotter

    irlspotter New Member

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    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.
     
  4. Mar 29, 2013 #44 of 104
    Mike Greer

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    Oh please! Give me a break...:lol:
     
  5. Mar 29, 2013 #45 of 104
    Hoosier205

    Hoosier205 Active Member

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    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.
     
  6. Mar 29, 2013 #46 of 104
    Hoosier205

    Hoosier205 Active Member

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    It might help if you actually read what you link to.
     
  7. Mar 29, 2013 #47 of 104
    Mike Greer

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    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.
     
  8. Mar 29, 2013 #48 of 104
    studechip

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    My best friend died last year after suffering from Parkinson's induced dementia. I am well aware of what it's like.
     
  9. Mar 29, 2013 #49 of 104
    MysteryMan

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    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?
     
  10. Mar 29, 2013 #50 of 104
    peds48

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    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…
     
  11. Mar 29, 2013 #51 of 104
    studechip

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    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.
     
  12. Mar 29, 2013 #52 of 104
    sigma1914

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    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.
     
  13. Mar 29, 2013 #53 of 104
    n3vino

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    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.
     
  14. Mar 29, 2013 #54 of 104
    billsharpe

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    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.
     
  15. Mar 29, 2013 #55 of 104
    studechip

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    Precisely what I said earlier, but you said it much better.
     
  16. Mar 29, 2013 #56 of 104
    FLWingNut

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    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.
     
  17. Mar 29, 2013 #57 of 104
    Tom Robertson

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    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
     
  18. Mar 29, 2013 #58 of 104
    Bill Broderick

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    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?
     
  19. Mar 29, 2013 #59 of 104
    Tom Robertson

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    <laughs at self> !rolling

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

    Peace,
    Tom
     
  20. Mar 29, 2013 #60 of 104
    Mike Greer

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