power of attorney

[pecco22]

I live in NY. My mother has power of attorney over my grandmother. While my grandmother was visiting in Florida with one of her son's, he changed her life insurance policy to make himself the sole beneficiary. Prior it was in all 3 children's names so it could be used for her funeral. My grandmother passed away 3 days ago and we have now found this information. Given that my mother had power of attorney when he had he sign this, is it legal? The main issue is that he will not give this money for her funeral. it will have to come from someone else. Morally that isnt right to take money that was to be used for her funeral. Any thoughts and help would be great.

 

[tranquility]

A power of attorney does not prevent the principal from doing things, it only give the attorney-in-fact the power to do things in the name of the principal.

On the other hand, if there was duress or undue influence and/or mother was legally incompetent, then there might be something which can be done.

 

[anteater]

1) Granting a power of attorney to your mother does not preclude your grandmother from acting of her own accord.

2) Can you clarify what you mean by "...he changed her life insurance policy to make himself the sole beneficiary."? Did he actually forge a change of beneficiary? Do you believe that he coerced her to change the beneficiary? Or do you believe that he simply persuaded her?

If grandmother was still legally competent (which a visit to Florida seems to indicate) and there is no evidence that he exercised what is usually called "undue influence", it may be difficult to void the change.

I suggest that your mother contact the insurance company immediately to express her concerns. In the end, there may not be a "good" outcome, but, for now, she wants to stop the insurance company from distributing the proceeds and cause it to investigate the beneficiary change.

 

[pecco22]

thanks for your input. I know he talked her into it. She had alzheimer's so she would forget one minute to the next. Also her visit to florida was done by my father driving her down, then coming home and later returning to pick her up. So she was not competent enough to travel on her own.

 

[anteater]

Two things to keep in mind:

1) A diagnosis of Alzheimer's does not necessarily mean that a person is legally incompetent. It really depends upon the progress of the disease. And, applicable to this situation, medical records may be critical.

2) "Talking her into it" may not rise to the level of undue influence. You can do a search on that term to get an idea of what undue influence means legally.

Getting the change voided may be difficult and it won't be a quick resolution one way or another, but, for now, work on throwing the question of the proper beneficiaries into doubt.