A case from southern France reads like a nightmare for any family: a very elderly man signs an expensive leasing agreement, then soon enters residential care and becomes unfit to drive. Yet the agreement continues for years. It starkly illustrates the dangers that leasing can pose for older people and the safeguards families should arrange before a crisis occurs.
A pensioner uses a wheelchair, yet payments for the car continue
In December 2023, a 94-year-old pensioner in southern France entered into a lease for a Citroën C4. It was a new automatic car with 130 hp, valued at more than €34,000. The monthly payment was about €700, and the agreement was due to end in November 2027.
Not long afterwards, his health deteriorated dramatically. He moved into a care home - known in France as an Ehpad - now uses a wheelchair and has been medically declared unfit to drive. For him, driving has ended permanently.
However, the leasing agreement simply carries on. The bank or leasing provider takes the payment every month as though nothing had changed. The vehicle remains unused, while his family look in disbelief at the bank statements and a remaining term of almost four years.
“Every month, money is paid for a vehicle that the contracting party can never use again because of his health.”
Why the leasing agreement continues unchanged
From a legal perspective, the situation is harsh but far from unusual. Leasing agreements - both in France and Germany - are generally fixed-term contracts. The customer agrees to pay the instalments until the agreed end date without becoming the car's owner.
What makes leasing so inflexible
- A fixed term, usually lasting several years
- No automatic right to terminate early because of illness or a need for care
- Significant charges for ending the agreement early, including outstanding lease payments and settlement sums
- Additional insurance policies that often apply only in very narrowly defined exceptional circumstances
In this instance, the 94-year-old had also taken out several insurance policies, including cover for death and disability. According to his family, this has made no difference: none of the policies halts the monthly payments. The small print appears to be drawn so tightly that it does not cover the man's actual circumstances.
Consumer organisations have highlighted this issue for years: anyone who signs a leasing agreement is placed in a contractual straitjacket. Health, employment, retirement and care needs are rarely addressed in standard contracts. Where they are included, it is usually through costly additional insurance with numerous exclusions.
Allegations of exploitation - did the dealer overstep the line?
The man's family has now taken the matter further. They accuse the dealership of persuading a very elderly customer, while he was vulnerable, to accept a financially onerous agreement. Their suspicion is exploitation of weakness, referred to in French law as abus de faiblesse; in Germany, comparable concepts include exploiting an emergency situation or a person's lack of legal capacity.
Speaking to local media, the grandson stresses that the dealer knew about the long-standing customer's poor health and signs of mental decline. Despite this, the dealership arranged an expensive, long-term agreement together with additional insurance policies and is now not responding to requests for leniency.
“When a person with clearly impaired judgement signs a financial contract lasting several years, a salesperson is on thin ice.”
The family is therefore considering criminal and civil action. The dealership, meanwhile, has said it will “examine solutions” - a familiar phrase that leaves open whether any genuine relief will follow.
What families in Germany can learn from the Citroën C4 leasing case
Although this case occurred in France, it reflects risks that also exist in Germany. Leasing agreements, hire-purchase arrangements, mobile phone subscriptions and expensive energy contracts are often signed by older people who may not fully grasp their long-term implications.
Before older people sign a contract
Families should keep several issues in mind, especially when a very elderly relative is about to sign a new car agreement:
- Check the term: Agreements lasting four or five years are seldom suitable for someone who is already very frail.
- Assess the monthly cost: Compare instalments, insurance and maintenance costs with the person's actual pension income; there is often a shortfall.
- Consider the health outlook: If doctors are already discussing early dementia or severe mobility difficulties, leasing is simply unsuitable in many cases.
- Look at alternatives: Buying a used car on a smaller budget, car sharing, taxis and transport services can reduce the risk of long-term financial commitments.
- Be present at the discussion: Where possible, children or grandchildren should attend contract meetings and ask the difficult questions.
Legal options when circumstances change
What can be done if the agreement has already been signed and the person's health declines rapidly, as it did for the 94-year-old? France and Germany have different legal systems, but similar avenues may be worth considering.
Common steps relatives can explore
- Speak to the dealer or leasing provider: Negotiate a goodwill arrangement, a transfer of the agreement to another person, or an early return on manageable terms.
- Read the insurance terms carefully: Disability, inability to work or a need for care may sometimes be insured, but the wording can be highly complex.
- Obtain medical assessments: Documented evidence of unfitness to drive or dementia can be crucial in later proceedings.
- Review legal capacity when the agreement was signed: Was the contract valid in the first place?
- Seek advice from a consumer advice service or solicitor: They can establish whether a challenge based on mistake, deception or exploitation of an emergency situation may be possible.
The question of legal capacity becomes particularly sensitive as people get older. If someone was no longer mentally able to understand the significance of the transaction when signing, the agreement may later be challenged - though the process is often lengthy and exhausting.
Protection through powers of attorney and clear arrangements
To prevent disputes of this kind from arising at all, legal planning is worthwhile. Many families postpone the subject until it is too late.
Practical safeguards for everyday life
| Measure | Benefit |
|---|---|
| Lasting power of attorney | Allows relatives to cancel or refuse contracts when the person concerned can no longer make decisions independently. |
| Checking bank statements | Unusual payments, such as new contracts or sharply rising costs, are identified more quickly. |
| Limit for cashless payments | Prevents large sums from leaving an account without prior discussion. |
| Early family discussions | Clarifies who should later deal with contracts, banking matters and insurance. |
The earlier relatives are involved in financial decisions, the lower the risk that an older person will face persuasive salespeople or aggressive sales channels alone.
Leasing, credit and subscriptions: why older people are especially at risk
The case of the 94-year-old exposes a fundamental problem: highly complex contracts are offered to people who are often trusting and may sometimes be easily overwhelmed. Agreements are made at dealerships, on the doorstep or over the telephone, and hardly anyone reads the small print. Someone who appears polite and professional can seem trustworthy, even if their main aim is to meet sales targets.
Older people often want to avoid “being a burden” and prefer to decide on their own. Many feel embarrassed about asking their children or grandchildren for help. This can leave them exposed to contracts that bear no relation to what they genuinely need - a new 130 hp car for someone who can barely manage shopping independently is a striking example.
Families therefore face a difficult balance. Older relatives should retain their independence, but clear protective measures are sometimes needed before harm is done. Open conversations, respectful support with major purchases and early arrangements through powers of attorney can prevent a wheelchair user from ultimately paying thousands of euros for an unused car.
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