Contract - Void if Mental Incapacity?

[jcwagner40]

What is the name of your state (only U.S. law)? Massachusetts

Hello,

My mother has an issue currently with Verizon wirless. She is being charged $190 per month for a service that she hasn't been using, and Verizon says that she is legally bound by contract to continue the service until March of 2011.

On March 13th of 2009, they had called my mother on the phone and got her to agree to extending the contracts on her cell phone plan (4 lines total) for an additional 2 years, and she signed something (supposedly) and mailed it into them as well.

During this time, my mother had been in and out of a behavioral health hospital for Bipolar Manic Depression. She has been diagnosed with this since she was 17, and is currently 55. She is currently a client of the Massachusetts Department of Mental Health, and her case manager I spoke with said that she is indeed considered to have a mental incapacity.

I spoke with Verizon after talking to the case manager, and they claimed that they did not have to void the contract, and that the only thing they would do is transfer ownership of the contract over to me, so I can pay the bills.

As I understand contract laws, a mental incapacity should automatically make a contract void, and Verizon should have to terminate the lines with no fees. Am I off here? Is my understanding correct?

Any help is much appreciated.

Thank you,
John

 

[cyjeff]

Who belongs to the other three lines and why aren't they paying their phone bills themselves?

 

[jcwagner40]

Who belongs to the other three lines and why aren't they paying their phone bills themselves?

Let's just say there's been a long train of people taking advantage of my mother.

 

[cyjeff]

Let's just say there's been a long train of people taking advantage of my mother.

That wasn't really an answer.

Here is what you do. You tell the people that they better call Verizon and figure something out because you are not paying another dime on the contract.

Call Verizon and tell them the situation and that you wish to cancel the contract. Find out what the term amount is and, if possible, pay it outright.

A lot depends on the current value of the phones... but if they weren't renewed recently, a talk to the customer service reps' superior should do wonders.

 

[jcwagner40]

That wasn't really an answer.

Here is what you do. You tell the people that they better call Verizon and figure something out because you are not paying another dime on the contract.

Call Verizon and tell them the situation and that you wish to cancel the contract. Find out what the term amount is and, if possible, pay it outright.

A lot depends on the current value of the phones... but if they weren't renewed recently, a talk to the customer service reps' superior should do wonders.

I'm sorry. She had "friends" that were constantly borrowing money and such. People who live in low income housing and the likes. I'm not sure how she meet them, but she did. She's bought them cars, phones, paid their bills, and taken them on vacation.

The phones are all trash, cheapos. The contract for all the lines were extended for an additional 2 years without an upgrade for a bonus 100 minutes per month for free. They want us to pay $350 (I believe) per line for a termination. None of the phones have been used since September at the latest.

I've talked to the customer service rep's manager's manager, and all they keep saying is that either I pick up the contract, or they keep billing my mother. After 3 hours on the phone with them, I'm at the point where I feel it's best to contact an attorney.

Is my understanding of contracts correct? Shouldn't this just be void if we're willing to provide documentation of mental incapacity? I hate to waste money on an attorney for something that should be easy to fix.

Edit: I appreciate your replies, cyjeff