A Georgia family alleges a metro Atlanta car dealership took advantage of their dementia-stricken elder and encouraged him to buy a nearly $90,000 vehicle he didn’t want and couldn’t afford. The business disputes the claim and says the situation has been resolved.
According to reporting from local station WSB-TV, the family alleges that a salesman at Carl Black GMC in 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 car home himself, worrying relatives who said he rarely drives and has documented cognitive decline.
Jamie Faulkner, the man’s stepdaughter, said her family was shocked to find the truck parked in their driveway.
“He was in no condition to negotiate a sale,” Faulkner told the station. “It makes us all angry that someone would take advantage of an elderly person.”
She said her stepfather worked for GMC and enjoyed going to dealerships to look at vehicles, but lacked the ability to make financial decisions.
Doorbell camera footage shows a salesperson chatting with an elderly man at his doorstep before driving him to a dealership to make a purchase.
The family was able to meet with the dealership and return the truck. They were offered a refund, but, they claim, not in full, because it didn’t include the trade-in price of their father’s 2017 Nissan — which the dealership sold. They have 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 said the elderly man “did not appear to be impaired in any way, or lacked the ability to afford a motor vehicle.” The lawyer said the man checked himself out of the lot without a caretaker or personal representative present.
“Since the matter with Mr. Dow has been fully resolved, it is unclear to Carl Black Kenesa why Mr. Dow’s family chose to contact the media,” the statement said (1).
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Vehicle purchases are among the most important financial transactions most consumers make. Older adults are more vulnerable to high-pressure sales tactics (2). And car purchases are especially complicated, as they involve reading detailed contracts, understanding financing terms, and doing trade-in math.
The US Securities and Exchange Commission warns that dementia increases the risk of financial exploitation, and that risk is even greater if the person is being targeted by someone they trust (3).
While a signed contract is generally binding, it can be voided if the person is found to lack the mental capacity to understand what they were signing.
You can reduce the risk of letting your older loved one ride (literally or financially) by taking some basic safety steps.
Attach a trusted contact to financial accounts: This acts like an emergency contact. It authorizes the financial institution to contact the person if they cannot reach the account holder, if they are not acting as they should, or if there is unusual activity on the account that may indicate fraud or financial abuse (4).
Set up a durable power of attorney. Support your loved one in meeting with an attorney and choose a trusted person to make legal, health, and financial decisions for them if they become incapacitated (5). The sooner you do it, the better!
Consider co-signing: If you have an older loved one who is struggling to manage their affairs, it may be time for them to 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 soon as it happens.
If a suspicious transaction occurs, families should act quickly.
Here are some options:
Contact the business in writing
File complaints with state consumer protection agencies
Document medical diagnoses that may affect capacity
Report suspected financial exploitation or abuse to Adult Protective Services (APS), or to your local police or sheriff’s office if you suspect criminal wrongdoing.
This case highlights how important it is to proactively protect loved ones from financial loss. Cognitive decline can be difficult to detect, and you may not see your elderly family members every day. That’s why having these conversations early — and making plans to secure 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.
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