Q: My wife suffers from TBI. She suffers from a lack of impulse control. She has been spending money like crazy.
She took a loan out from a high interest loan company. She refuses to give me any details. The loan payback is now up to &10,000. She also put her car up as collateral. They have taken advantage of her disability. We live in Florida. What are the ADA laws against this?
A: The ADA (Americans with Disabilities Act) has nothing to do with your wife's apparent mental condition. Nor am I aware of any other federal or state law that could help you stop your wife's uncontrollable behavior.
Charles M. Baron agrees with this answer
A: Sorry to hear about your ordeal. The ADA covers discrimination based on disability and failure to provide reasonable accommodation for a disability, so is likely inapplicable. One issue you need to look at is mental competence to enter into a contract. A contract may be invalidated if a party did not have the mental competence to understand the basic terms of the deal. If she did understand what she was doing, however, then it would be good to consult an attorney handling bankruptcy and/or asset protection. The first step would be to reach out to the lender to attempt to fix the problem, and if that fails, determine if bankruptcy would be a good solution.
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