A Douglas County family says their 83-year-old father, who had dementia, vanished for more than 30 hours and came back to his assisted-living unit in Carrollton behind the wheel of a brand-new Jeep. By the time anyone figured out what happened, they say, he had signed onto a nearly $70,000 SUV and a loan with monthly payments the family cannot afford.
Relatives say John Benson entered into a sales contract at Scott Evans Jeep for just under $70,000 and that his wife, who they say also has memory problems, co-signed the loan. According to the family, the dealership has offered to refund a little more than $3,000 in fees, while they are pushing for the entire deal to be unwound and for a $5,000 deposit to be returned. They told investigators Benson had no driver’s license, had not been driving before this, and “didn’t even know he had bought a car,” according to WSB-TV.
How the family says the sale unfolded
Family members say the whole thing started when Benson responded to an advertisement. They say salespeople then came directly to his assisted-living unit, picked him up, and drove him to the dealership to finish the paperwork. A manager at Scott Evans confirmed to reporters that the lot did sell Benson the SUV but declined to provide details.
Alicia Miller, a relative, told reporters that any quick interaction with the couple should have raised red flags. “Fifteen minutes of being around my parents, you would have known something wasn’t right,” she said.
The dealership lists its Carrollton location online, and Scott Evans Chrysler Dodge Jeep Ram reported the account.
What Georgia law says about capacity and contracts
Under Georgia law, contracts signed by people who lack mental capacity are generally considered voidable rather than automatically void. That means a family member or an estate can ask a court to set aside a deal if they can show the buyer did not understand what they were signing at the time.
That principle appears in state case law and contract rules, including Wheat v. Montgomery, and is reflected in O.C.G.A. §13-3-24 and related commentary on agreements involving persons of unsound mind. See O.C.G.A. §13-3-24 (Unicourt).
Where families can turn for help
In Georgia, Adult Protective Services can investigate suspected financial exploitation of older adults. Reports can be filed online or by calling the Division of Aging Services toll-free at 1-866-552-4464 and pressing 3 for APS intake. The agency posts instructions and forms for reporting on its website at Georgia Adult Protective Services (APS).
Families can also contact the Georgia Attorney General’s Consumer Protection Division to file a consumer complaint or inquire about mediation. The division can be reached at 404-651-8600 or toll-free at 1-800-869-1123, and it maintains step-by-step guidance and complaint forms online at the Georgia Attorney General's Consumer Protection Division.
Miller says the family is now weighing legal action. According to the relatives, Benson, who they say died in February, left behind a wife in a mental-health facility and a household that cannot manage roughly $750 in monthly payments on the Jeep. The family says they want the deposit back and the loan paid off. For now, the dispute is part of a growing stack of local consumer complaints involving major purchases made by seniors with cognitive decline.
