Q: Can a title/ closing company ask my husband, who has Parkinson’s, questions to determine mental competency?

A: That situation must have been frustrating and upsetting for both of you. A title or closing company does have a responsibility to ensure that all parties signing legal documents are doing so willingly and with full understanding. However, the way they handled it—waiting until after the documents were signed and then questioning your husband—raises concerns about fairness and possible discrimination. It may have been more appropriate for them to address any concerns before the signing process began.

Disability, including Parkinson’s, should not automatically lead to assumptions about someone’s mental capacity. If they singled out your husband based on his medical condition alone, that could be seen as discriminatory. The process of determining competency should be handled carefully and respectfully, ideally with proper legal guidance. If they had genuine concerns, they could have requested documentation or allowed a neutral third party, like a doctor or attorney, to be involved rather than putting him on the spot.

If you feel your husband was treated unfairly, you might consider filing a complaint or seeking legal advice to determine if his rights were violated. No one should be made to feel embarrassed or singled out due to a medical condition. It’s important that everyone involved in these transactions is treated with respect and given the opportunity to participate fully without unnecessary barriers.