Legal Question in Business Law in Florida

Contracts & the mentally disabled

My son who is 40 and mentally disabled (and therefore on social security) entered into a contract with a school to take a 2 year program. Not surprisingly, after a month he dropped out, not being able to handle things. The school wants him to pay the whole $3400 he committed to. Can he be held accountable with his condition? thank you.


Asked on 1/28/02, 6:46 pm

2 Answers from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Contracts & the mentally disabled

Don't pay. If your son is sued the appropriate defense would be the lack of capacity of to enter into a contract. I urge you to amass all necessary documentation that may be necessary to establish the defense. If sued, do have an atty represent your son's interests.

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Answered on 1/30/02, 5:17 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Contracts & the mentally disabled

If your son was legally incompetent at the time he signed the alleged contract, he or you on his behalf, have a defense if the other party attempts to enforce the alleged contract. If you have medical documentation that indicates your son is mentally disabled, provide a copy of same to the school. If the school persists in its pursuit of the money, seek the advice of counsel. Good luck.

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Answered on 1/28/02, 7:46 pm


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