Legal Question in Elder Law in Indiana

My grandmother was duped

My grandmother is in her 70's and she can't see well and my aunt recently had glacoma surgery. The problem is my uncle had brung a paper to my grandmother to sign (my aunt read it as well) for school. He claimed it was a paper that verifies who he is, where he lives, what he does for a living, and so on. Knowing that my aunt and grandmother can't see very well, he had my grandmother sign it. A few weeks ater she recieved a paper in the mail stating that she owes over $6,000 dollers. The paper my grandmother siged turned out to be a co-sign for a school loan. Now my uncle is in jail for drinking and driving (he went to truck drivers school). My question is this: Is there anything my grandmother can do legally to void the co-signership?


Asked on 10/14/01, 5:40 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: My grandmother was duped

If grandmother's doctor is willing to sign a statement saying that she was incompetent to handle her own affairs at the time this happened and you seek a guardianship, I am afraid that grandmother is stuck paying for your uncle's obligation. She would have the right to sue your uncle for fraud, but since he is incarcerated, it is doubtful she would be able to recover. However, the creditor may have some difficulty collecting. If grandmother only receives retirement and social security income, it is exempt from creditor process. If her home is jointly owned with someone else, or her equity is less than $7,500, then the creditor cannot reach that asset to satisfy the judgment. I am afraid that if both ladies involved had poor eyesight and failed to have someone other than your uncle look over the document, your grandmother is pretty much stuck with what your uncle has done.

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Answered on 11/24/01, 11:42 pm


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