In this case, Sikorsky Federal Credit Union of Connecticut brought suit on a note signed by the debtor in the amount of $5,253.64.

The note provided for sixty installment payments; the purpose for the loan was to extinguish existing debts as well as pay, in part, for the funeral of the debtor’s longtime friend.

The debtor’s daughter contested the collection action and argued that the debtor was incompetent at the time the note was executed and, therefore, the note was not enforceable.

Debtor’s daughter alleged that her mother was confused, unkept, under previous in-house hospitalization for her mental condition and did not understand the terms of the legal obligation to the credit union.

The court found, however, that the evidence revealed at the time of execution of the note, debtor was handling her own social security checks, paying for gas, insurance and shopping for groceries.

Debtor was able to use public transportation and knew where she wanted to go; it also appeared that whatever underlying mental condition she might have had was controllable by medication. Moreover, debtor had written a letter to the credit union precisely stating her intentions for the new loan proceeds.

The court found that debtor’s daughter had not met the burden of proof to establish her mother was not competent to sign the note. Judgment was entered in favor of the credit union. Sikorsky Federal Credit Union v. Donna Ontko (Conn. Sup. Court CV90-0270119S).

Author: Charles R. Harroun, Attorney at Law