My dad turned 87 in April and had signed a car lease on Dec of the previous year. He was told by 3 doctors recently that he is no longer able to drive due to slight dementia and slowed reflexes. He has 25 payments left on the lease agreement and it is not assignalbe. Can he surrender the car voluntarily and not incur any charges due to his medical condition? He lives in the state of Florida.

He can voluntarily surrender the car but he cannot simply walk away - he very well may have to buy out the lease.

Have you attempted to work with the dealer?

I spoke with the leasing co. and they suggested that he just have it repossessed, but he has an incredible 800 plus credit rating and would be devastated to have this done. I haven't contacted Honda yet to see if they will work with us.

Hello e:

Couple things... The car company WON'T "work" with you. They want their money. They're going to get it too. Because if he turns it in (voluntary repossession), they'll sell it to their buddy for HALF what it's worth, and sue your father for the balance.

So, what I'D do, is sell it FIRST, and make up the difference.. That way his pristine 800 FICO score is left in tact... (Although, I'm not sure why an 87 year old fellow who's got dementia NEEDS a HIGH credit rating... Besides, if it goes to hell, he's not going to KNOW it.)

excon

First sign of dementia is signing a car lease. An auto lease is, 99% of the time, a really bad idea.

Could he have it declared void on the basis of diminished mental capacity?

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Originally Posted by AK lawyer

First sign of dementia is signing a car lease. An auto lease is, 99% of the time, a really bad idea.

Could he have it declared void on the basis of diminished mental capacity?

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Getting an 86 year old to sign a 30+ month car lease sounds very shady to me. If they leasing company and/or car dealer will not take the car back and cancel the lease, then I would threaten to take this to the press.

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Originally Posted by JudyKayTee

JudyKayTee agrees : 10 out of 10 - on the floor! Good one (and sound legal advice, too boot). Side of you I don't think I've seen and which I LOVE!

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I don't know how to properly do this, but I strongly want to tell you, JudyKayTee, that the quoted comment really is appreciated. It made my day yesterday. :)