A Georgia family says a metro Atlanta car dealership took advantage of their elderly stepfather, who suffers from dementia, by encouraging him to buy a nearly $90,000 vehicle he didn’t need and couldn’t afford. The business disputes the claim and says the situation is resolved.
According to a report by local station WSB-TV, the family alleges that a salesman from Carl Black GMC of Kennesaw drove to the man’s home in Hiram, Ga., picked him up and brought him to the dealership. He traded in his 2017 Nissan Frontier for about $11,000 and bought an expensive GMC truck, cutting a check for more than $80,000 for the difference.
The man later drove the vehicle home alone, alarming relatives who say he rarely drives and has documented cognitive decline.
Jamie Faulkner, the man’s daughter, said her family was stunned to see the truck parked in his driveway.
“He was in no condition to be negotiating the sale,” Faulkner told the station. “It angers us all that someone took advantage of an elderly person.”
She said her stepfather worked for GMC and enjoyed visiting dealerships to look at vehicles, but did not have the capacity to make a financial decision.
Doorbell camera footage shows a salesman chatting with the elderly man at the door of his home before driving to the dealership to make the purchase.
The family was able to meet the dealer and return the truck. They were offered a refund, but, they claim, not a full one, because it did not include the trade-in value of their father’s 2017 Nissan – which the dealership has since sold. They filed a complaint with the state.
The dealership declined an on-camera interview, but provided a written statement through its attorney disputing the family’s claims. The statement says that the elderly man “did not appear to be impaired in any way, or did not have the capacity to purchase a motor vehicle.” The lawyer said that the man drove himself out of the lot without his caretaker or personal representative being present.
“Since the matter has been fully resolved with Mr. Dow, it is unclear to Carl Black Kennesaw why Mr. Dow’s family chose to contact the media,” the statement (1) said.
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Vehicle purchases are some of the most significant financial transactions most consumers make. Older adults are more vulnerable to high-pressure sales tactics (2). And car buying is especially complex, as it involves reading detailed contracts, understanding financing terms, and trading math.
The US Securities and Exchange Commission warns that dementia increases the risk of financial exploitation, and that risk is even higher if the person is the target of someone they trust (3).
While a signed contract is typically binding, it can be declared void if the person is found to have lacked the mental capacity to understand what they were signing.
You can reduce the risk of your elderly loved one being taken for a ride (literally or financially) with some basic safety steps.
Attach a trusted contact to financial accounts: This functions similarly to an emergency contact. Authorizes the financial institution to contact the person if they cannot reach the account holder, if they are not acting like themselves, or if there is unusual activity on the account that may indicate a scam or financial abuse (4).
A durable power of attorney is set up. Support your loved one to meet with a lawyer and choose a trusted person to make legal, health and financial decisions for them in case they become incapacitated (5). The sooner you do it, the better!
Consider co-signing: If you have an elderly loved one who is struggling to manage their affairs, it may be time to have them add you or another truly trusted family member as an authorized user on their accounts. That way, you’ll be able to catch unusual banking, investment or credit card activity as it happens.
If a questionable transaction occurs, families should act quickly.
Here are some options:
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Contact the business in writing
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File complaints with state consumer protection agencies
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Document medical diagnoses that may affect capacity
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Report suspected financial exploitation or abuse to Adult Protective Services (APS), or your local police or Sheriff’s office if you suspect criminal misconduct.
This case highlights how important it is to proactively protect loved ones from financial harm. Cognitive decline can be difficult to notice, and you may not see your elderly family members every day. That’s why having these conversations early — and making plans to protect them as soon as possible — is so important.
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WSB-TV (1) Psychology Today (2) SEC (3) Investor.gov (4) National Academy of Elder Law Attorneys (5)
This article provides information only and should not be construed as advice. It is provided without warranty of any kind.