Vulnerable person signing Double Glazing contract

[BeaTwix]

I have loads of threads so apologies.

I care for my oldie (attempting to anonymise who they are. Not a parent) long distance. I have PoA. They are a hoarder and have a severely neglected house. Since I've been seriously involved their capacity has taken a major nose dive.

The house badly needs new double glazing. Oldie has been intending to do it for >15 years. I couldn't sit by as an attorney and ignore the situation as the house needs to be wind and water tight both for oldies comfort and because I think it is highly likely the house will be empty for a period of time between them going into residential care (which feels imminent) and us managing to de-hoard it to sell. There are valuables mixed in with rubbish so this won't be an easy job.

Started process around November. Told all companies involved that oldie can permit access but all contractural stuff needs to be done with me.

Chose a small local company based on price and personal recommendations. WAs really happy with decision until today.

They went round yesterday to do a final measure up. The person who went round got the oldie (despite a big notice up in her hallway saying "I need to discuss all financial things with me PoA - my phone number") and my email communications with the company to sign the contract.

Oldie has only just told me about this despite phoning me yesterday to tell me that the guys had left.

During the conversation it became aware that oldie wasn't even aware that we already had a price from this company, doesn't know any of the T&Cs they have signed or anything really.

I just feel massively let down by this company. I've been explicit at all stages that the oldie is vulnerable and it feels like they have completely abused her.

I've contacted the company owner who I've had all previous dealings with to tell them how disappointed I am and that the contract is invalid as oldie doesn't have capacity. I've copied in my legal professional sibling who is the second PoA on their recognisable work email address to try to minimise any fucking about.

But I just feel totally and utterly let down and sad.

I'd take this as a warning sign that your oldie isn't safe to be living alone if they are this vulnerable.

I would contact trading standards as a matter of urgency, and I would report to the local Police too. It's disgusting of any company to do this when they've been told not to deal with the relative but yourself.

I'm not sure I understand.

You live far away so organised it over the phone.

The company went round to measure and the oldie signed the contract.

What's wrong with that then?

What's wrong is that they didn't have capacity to understand or make a contract. And the company knew that.

It's perfectly clear in the OP.

@devastatedagain as per @NoBinturongsHereMate the issue is that they company got a vulnerable confused adult to sign a contract involving a large amount of money.

When they had been told that all financial stuff had to be dealt with by me because she is confused.

There is also a large laminated notice to that effect in her hallway that is pretty hard to miss!

I haven't even been sent a copy of the T&Cs/ contract so it isn't like I'd verbally agreed it and they got her to sign it because I wasn't physically there.

I'm assuming the contract says what you agreed though, so I still don't see what the problem is except it was signed by the wrong person.

Anyway regardless of vulnerability do t you have a 14 day cooling off period?

The problem is that they have ignored specific instructions about dealing with a vulnerable person. And therefore cannot be trusted.

Maybe he forgot, rather than ignored but yes, I see your point - they are unable to follow a simple basic request - it doesn't bode well!

Hopefully the guy who came round just wanted extra reassurance or didn’t understand the legalities of it. It will still be down to you in the true legal sense as per your emails with the company. He may not have understood the ins and outs of consent, or power or attorneys, is used to getting a signature, or thought it was respectful, or was just covering himself in terms of turning up to do the measurements. It doesn’t sound necessarily underhand as the agreement was already in place.

That said, it is difficult dealing with all these kind of things from a distance. All kinds of confusions and Misunderstandings arise. I have dealt with plumbers and various other people from a distance - and it’s hard when you’re not on the premises at the time to control things. My elderly relative has some capacity which ebbs and flows - but this creates difficulties in other ways - 3 way arguments in addition!

If you can’t trust your contractor on that, how can you trust them on anything else.