A mentally incompetent man made charges on his credit card thinking he was in active war and needed them. The company is now suing him for lack of payment and is seizing his bank deposits and disability pension. Is he responsible for this debt?

A mentally incompetent person made a large purchase during a non-lucid period. The creditor is now attempting to seize his bank deposits and disability pension. Can they

A mentally incompetent person made a rather substantial purchase during a lucid moment. The creditor is now attempting to seize his bank deposits and disability pension. Can they do this?

Suzanne, thank you for taking the time to post your question to AMHD. However, please understand that we are all volunteers here and many of us are at work or tending to families or other obligations. We answer when we get the time. The site doesn't work like a chat room.

Now, I'll try to help to the best of my ability.

Why does the mentally handicapped person have a credit card? What is the handicap?

My brother-in-law is mentally retarded and has done this on one occasion and the charges were dropped. However, we had to jump through an extensive amount of hoops to get this done.

The particular handicap is important to know.

As j 9 said.. how did he come to have a credit card?

I think you would have to prove what state of mind he was in when these purchases were made,this I imagine would be extremely difficult.

Was there a witness at the time, who could varify the situation at the time?

Also I think what he purchased is important.

You need to perhaps seek some legal advice.

Yes, you will have to first prove he was incompetent when he used it.

And if he is not competent has the court appointed someone to over see them, and if so, why did this person allow them to have the credit card ?

And they thought they were in "war" ? So what did they buy, guns, bullet proof vest ? If they bought a fur coat, that may not show your case