The Rehabilitation Facility Claims I Waived my Right to a Refund when I Checked in, Is the Contract I Signed Valid even Though I was Intoxicated?

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“I was inebriated and don’t remember many details when I checked into a medical detox for alcohol. After 2 days and receiving very little care and no counseling I decided that I needed to go to a different facility. When I asked for a refund of my pre-paid balance of $9,500 they said that I waived my refund when I signed in.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Despite repeated requests by me and my caregivers, this facility will not send me copies of the contract or my medical records.

Is there an issue of “sound mind and body” that would invalidate or nullify this contract that I haven’t even seen?”

There may be an issue of whether you had, or lacked, “capacity” – in this case meaning the mental capacity, to knowingly make a contract. While being intoxicated wouldn’t necessarily always get you out of a contract, in this case the facility was arguably on notice that you were probably intoxicated, given that they are a rehab facility.

Your best bet, however, is to contact an attorney asap, to figure out what your best recourse is.



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Author: House Attorney

A house attorney has answered this question.