Legal Question in Civil Litigation in California

I have a 41 year old who is slow mentally. I have his power of atty. I just found out that he bought a car for a 18 year old. It's in his name with DMV and he holds the loan on it. The 18 year ole has the car. How do I get the car back from the other party? Not sure what law this is covered under.


Asked on 9/04/10, 4:47 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

With the POA, you can take action to demand the car back and can try to rescind the purchase contract from the dealer as 'voidable'. You could sue to enforce, or you could report to the police elder abuse/fraud by the dealer and the minor. Consult with local counsel if you need help.

Read more
Answered on 9/09/10, 5:51 pm

It would have to be a very broad POA to allow you to do all the things Mr. Nelson says you can do. And elder abuse cannot be charged for conduct involving a 41 year old. It sounds like you need to be made his conservator. The trouble you face is that a POA gives you powers to act on his behalf, but does not stop him from making legally binding decisions too. Only a conservatorship will do that. I'm not sure if he can be declared retroactively incompetent to manage his finances, but it is worth a try. Mr. Nelson is right that you need a lawyer.

Read more
Answered on 9/09/10, 10:22 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California