Legal Question in Civil Litigation in Massachusetts
Guardianship
I am legal guardian for my mentally
retarted son. He has entered into a
2 year contract with a cell phone
company without my permission,
sharing minutes with another
person. Is this contract binding?
3 Answers from Attorneys
Re: Guardianship
probably not. Contact the cell people and raise the issue immediately. Do not delay.
Re: Guardianship
No. But you must follow up with the company to obtain a release. Contact us if you need assistance.
Re: Guardianship
I am assuming your son is an adult who has been declared incompetent, and that's why you have guardianship. If so, the contract is valid until you declare it void, which you can do by sending a letter to the company. We call this a "voidable" contract, meaning it's good until someone with authority (you, in this case) declares it otherwise.
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