Legal Rep is cheating my mom who speaks no English. Signed Contract. Do we have a right?

Question

My mom speaks/reads/writes no English. Translator was minor when contract signed granting legal rep full represention in claim settlement. We do not have copy of contract. Asked legal rep for one. Said I can not speak for her and I need written letter from mom giving me permission to be involved... What can I do to help my mom? I am also interested in knowing about "power of attorney" and "breach of contract." What kinds of rights to we have protected under US laws here? The more specific, the better.

To avoid confusion, my mom signed the contract but the translator was a minor. Translator did not sign contract.

To avoid confusion, translator for my mom was a minor. Is my mom considered negligent? Is this considered a valid contract?

Answer 1

First, you asked about a power of attorney. END IT IMMEDIATELY. You should NEVER GIVE A STRANGER A POWER OF ATTORNEY. With the power of attorney he can cash a check made out to your mother, without it, he has to get your mother's approval (signature) to cash the check.

Write out "To: (name of person given the power) DATE: (Day you write it) in a new paragraph say:

"I, (your mom's name), hereby revoke any power of attorney or any other authorization to act on my behalf given to (Name of person given the power) effective immediately." Then have your mother sign it. You can (but don't have to) have a couple of other people sign as Witness: (Just Witness: with a line on which they sign). It is only one sentence but that is all you need to revoke the power of attorney.

Send it CERTIFIED mail to:
if this involves a claim against an insurance company, send a copy of it to them,
and if the claim is against a business send it to them ALSO.
and ****about 4 days later**** send it to the Legal Rep.

You can type this out on a computer or write it by hand either will be valid. It will be effective as soon as the insurance company or business receives it. However, the legal rep should, but if he is dishonest won't, honor it as soon as he receives it.

Second, YOU CAN CANCEL THE CONTRACT with the legal rep. Just because you hired someone, does not mean you cannot fire them. It is the same as at your job. The boss does not want you, you are fired. If you cannot trust the legal rep, send him a letter (about 2 days after you send everyone the letter revoking the power of attorney) saying that his representation of you (your mother) is terminated.

See the comments made by Bill Smith. (I am sure he is also an attorney.) They are both good and valid. Especially the points about talking to legal aid, they will not be able to represent you on the claim, so they will give you honest advice about the contract to hire the legal rep, and about getting a GOOD lawyer (do some research, get references and talk to people who have used local lawyers) who speak your language. There are so many lawyers today, no matter what your language, there are at least a dozen local lawyers who speak your language.

This sounds like an insurance claim, so make sure the insurance company gets the letter revoking the power of attorney first.

wizzards 23's comment about talking to a paralegal is just plain wrong.

Also, pre-paid legal services are NEVER a good purchase.

Answer 2

You might have something because the minor signed the contract and doesn't have the right to sign a contract. I would go talk to a legal aid attorney that deals with contract law and the minors rights. I'm not 100% sure what the actual law states, but I do know that any person under the age of 18 can not sign a contract. Now, if the legal age person, gives the power of attorney, is a little different, but I still don't think that the minor can sign a contract.

All that I can tell you to do is go to the US government websites and/or the states and/or cities websites and look up the different laws that pertain to your situation. Good luck and I am truly sorry about your situation. I can't stand about hearing people taking advantage of women or children, especially people of authority.

Also, if you can't get anything from those websites, go see you states Representative, Senator or Congressman. It is an election year and minorities are in the news lately. Just a thought

Answer 3

The question is a bit vague, but I'll give you the best answer I can based on the information I have:

First, "Breach of Contract": A "contract" is an agreement between two people whereby person #1 agrees to do something for person #2 in exchange for person #2 doing something for person #1. Common examples of contracts include sales (You agree to pay $50 to the store in exchange for the store's agreement to sell you groceries), employment (employee agrees to do work in exchange for boss' agreement to pay wages), loans (bank agrees to loan you $250,000 to enable you to buy a house; you agree to make monthly payments to bank), and many others.

"Breach of contract" means that a party to the contract failed to do something he/she/it agreed to do. You borrow money from the bank, but fail to make payments on time. You do work for the company, but the company doesn't pay you. Etc. A person who breaches a contract can be sued. If you are sued for breach of contract, and you loose, you may be required to pay money to the person you made the contract with.

If your mother signed a written contract that is written in a language that she does not understand, and if the other party to the contract knows that she does not understand that language, then she MAY, note MAY, be able go void (get out of) the agreement. In simple terms, her argument would be that she didn't understand what she was agreeing to; therefore, she didn't really agree to it. In that reguard, the fact that the translator was a minor is not, in and of itself, controlling. The issue is whether your mother understood what she was agreeing to when she signed the agreement. If, for example, the translator was too young to understand the agreement, how could she have translated it?

A "power of attorney" is a written document one person the power to act on another person's behalf. Common example: Mom who is in the hospital, might sign a "power of attorney" authorizing her daughter to manage mom's affairs, pay mom's bills out of mom's bank account, make medical decisions for mom if mom becomes unconscious, etc.

Bottom line: You need a lawyer -- preferably one who can speak you mom's language. If you cannot afford a lawyer, you need to contact Legal Aid. If you tell me what city you are in, I will give you a telephone number.

Good luck.

Answer 4

All contracts can be challenged for the legality. And most contracts are voided if signed under false pretenses. I would contact a public advocate. That is your best bet if you can't afford a top notch lawyer.

Answer 5

Ah...sorry...but this is NOT legal at all.
You need to contact a Paralegal if they can do work in your state and they can advise you, or an attorney.

You have two issues here:

Your mom did not understand what she was signing
The representative for the other party is a minor

This type of transaction isn't legal in most states.

Answer 6

My advice is to speak to a lawyer and the best, most inexpensive way to do this is through Pre-Paid Legal Services. For more information visit the website below, and feel free to contact me through that site if you have further questions on how this service may be able to help you. I encourage you to find out what your rights and options are in this situation.

I wish you the best of luck.

http://www.getprotectedhere.com

Answer 7

she signed it its legal, translator or not .the signature is binding, also you say she cannot speak english. i presume she is an illegal. thats another point against her.