Autistic friend talked into being loan guarantor

poppy10_2

BucksLady wrote: »

Asperger's Syndrome is a 'spectrum condition'. Your brother may well be at the 'higher end' of the spectrum, but that doesn't mean that the guy in question is.

So it's irrelevant to mention that he has Asperger's. People with AS on average have the same IQ as anyone else, so it doesn't make them magically more vulnerable to making bad financial decisions

csgohan4

this looks like a safe guarding issue, social services would be a reasonable area to engage as well

NinaSwiss

Going by some of the posts I've seen here relating to people who signed up as Guarantors and then find themselves being chased by the lender when the loan applicant fails to pay - I'd suggest a lot of guarantors don't fully understand the implications.

I can only suggest including this debt with the other debts you intend to seek help for. Your friend is liable for it so probably the pragmatic way to go.

dont_use_vistaprint

I read here that a guarantor document may have to be witnessed and executed as a deed as it has no benefit to the person signing. So maybe if it wasn't witnessed and considering the person may be a vulnerable adult, a court would not see it as legally binding

elsien

Clutching at straws there. Being a (possibly) vulnerable adult doesn't invalidate a contract.
And my question about the financial checks on the guarantor hasn't yet been answered. Did someone tell fibs on the application form?

dont_use_vistaprint

elsien wrote: »

Clutching at straws there. Being a (possibly) vulnerable adult doesn't invalidate a contract.
And my question about the financial checks on the guarantor hasn't yet been answered. Did someone tell fibs on the application form?

Its not a contract its a deed, a contract has a benefit, and a court would decide if it was enforceable not a forum.

CakeCrusader

elsien wrote: »

Clutching at straws there. Being a (possibly) vulnerable adult doesn't invalidate a contract.
And my question about the financial checks on the guarantor hasn't yet been answered. Did someone tell fibs on the application form?

It invalidates it if he didn't understand what he was signing.



There's 2 issues here, one's the contract, the other is the capacity and safeguarding of the guarantor, which is a Police matter. They will be able to provide a crime reference number if something untoward has happened, and this will help the guarantor. There really should be some social services involvement if he's a vulnerable adult.

sourcrates

My son is autistic, and autistic kids, grow into autistic adults, there can be a very wide degree of difference in awareness between different kids, my son is quite far up the autistic spectrum, and it’s doubtful he would ever understand what the role of a guarantor was.

It depends on the degree of his condition, and what medical evidence you can muster, but it’s highly likely the agreement could be annulled on medical grounds.

Voyager2002

dont_use_vistaprint wrote: »

I read here that a guarantor document may have to be witnessed and executed as a deed as it has no benefit to the person signing. So maybe if it wasn't witnessed and considering the person may be a vulnerable adult, a court would not see it as legally binding

I also read that, and the post following which pointed out that this is "freeman on the land" nonsense and does not hold up in court.

Voyager2002

Ksj1988 wrote: »

Help!

He ... should never have been allowed to agree to the guarantee. He did not fully understand the implications of how serious this was.

You have said, in effect, that he does not have the mental capacity required for this kind of agreement. If that is true and officially recognised then he is released from this obligation, but as already pointed out the consequences of being declared to lack capacity are very serious. In fairness, the consequences of suicide are even more serious, so maybe this route is something to consider.