questions & answers

Question: My husband has Parkinson's Disease and has cognitive issues related to it. I am his durable POA, which went into effect last spring. In the summer, he contacted a company to install solar panels and signed a contract to lease the panels over the next 20 years for a total of $50,000. I never saw the actual contract that he signed. He said that he thought they were attaching the lease payments to our electric bill. The solar went into affect in September but we just received the first bill which is when I became aware of the lease. Is there any way that I can cancel the contract at this point?

Answer: Your best bet is to consult with an attorney and have the attorney review the contracts and the power of attorney.  You may also need a letter from a physician stating that your husband is no longer competent to enter into contracts. (I assume that is what you meant when you said the PA went into effect in April -- that as of April, the PA allowed you to assume control of his affairs).  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  For a $75.00 fee, the Modest Means Program will arrange a one hour consult with an experienced attorney.  The telephone number is (866) 637-5341. Both the Maricopa County Bar Association and the Pima County Bar Association have lawyer referral services that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consultation for a fee of $40.00. The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.00.  The telephone number is (520) 623-4625.  The attorney may be able to advise you on the validity of the contract and on your husband's capacity to make a contract.