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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70651
Experience:  Over 5 years in practice
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My father has been diagnosed with Dementia. He has a few outstanding

Customer Question

My father has been diagnosed with Dementia. He has a few outstanding debts such as council tax and a overdraft with the bank. Seeing as he is not properly thinking straight, is he liable for his debts? Thank you. Kate
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I'm really sorry but not thinking straight does not mean he is not liable for his debts.
There is an argument that actual 'insanity' at the time of the contract renders the contract void but subsequent difficulties do not get over that hurdle and the 'insanity' has to be literally sufficient to render a person sectioned on a mental health ward. Even then a person is still liable for any service used or money received.
I'm very sorry but that is your position and I have to give you truthful information.
If they think he cannot pay then they might take a lesser sum in full and final settlement.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

that's fine and thank you.

Expert:  Jo C. replied 2 years ago.
No problem.
All the best.