I have power of attorney for my mentally disabled brother. He recently purchased a new vehicle and traded in a like new vehicle

Asked almost 2 years ago - Chicago, IL

without my knowledge. He does not have the mental capacity to negotiate deals. Do I have any recourse. Can he he legally purchase this vehicle without my approval.

Attorney answers (2)

  1. Judy A. Goldstein

    Contributor Level 20


    Lawyers agree

    Answered . Yours is a tricky question because POA may or may not be in place due to lack of mental capacity. However, the dealer does not know that. Tell the dealer that your brohter does not have the capacity to enter into a financial agreement so it would be in their best interests to take the car back.

    Then consider filing a petition for guardianship.

  2. Paul A. Smolinski


    Contributor Level 17


    Lawyers agree

    Answered . The question is whether you brother is: 1) under the age of 18 and/or 2) declared incompetent by a guardianship court. If the answer "no" then he is presumed to be competent. In any event, it might be wise to consult a local attorney that is familiar with consumer transactions.

    Good Luck!

    Legal Disclaimer: Paul A. Smolinski is licensed to practice law in the State of Illinois only, and as such, his... more

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