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nancywill Asked February 2019

I'm POA for my mom's care and financial decisions. She has dementia. Can I get her life insurances out without her consent?

My sister is the beneficary but I need money to care for her. I got POA so I can make that decision right?

Segoline Feb 2019
The fact that your sister is the Bennie, is a huge red flag. See my previous post. You are setting yourself up for some real legal consequences.

MountainMoose Feb 2019
I'd step slowly away from messing with her insurance policies. That's a minefield that could easily have disastrous consequences. Instead, use your POA power for good: get with your county or state's aging care or medicare/medicaid/welfare for help in getting money for her care.
Segoline Feb 2019
I so agree with this. OP, you need an attorney. Otherwise how does the court know you are not trying to enrich yourself. You, we all, have to be very very careful.

If she were to progress to Medicaid, they would see this as a giant red flag.

Get an elder law attorney who is schooled in Medicaid just as a CYA.

You can go to Martindale.com. look for by state and specialty. You want an AV rated attorney.

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mollymoose Feb 2019
Depending on how much authority is granted to you in the paperwork, legally you might can. BUT, are you fully aware of how much cash payout these policies are worth? Depending on the policy, it can be very little. Will it be enough money to accomplish what you’re wanting to do? Also, will there still be other assets to cremate/bury your mother when the time comes?

Just FYI, life’s insurance companies can be a pain to deal with. They wouldn’t talk to me at all. My mom had lost a bill & couldn’t send in payment. They wouldn’t even accept my request for another bill to be sent. Of course they were hoping we couldn’t get the bill paid & they’d get to keep the money she’d sent them for 20 years.

97yroldmom Feb 2019
Do yourself a huge favor and hire a certified elder attorney to guide you in making decisions for how you handle your mom’s finances to protect you from making mistakes that could jeopardize your mothers future care and cause family discord.

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