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I. How We Work in Washington. Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services. APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
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I can't see an insurance company allowing anyone other than the owner making changes to beneficiaries. I can see your half sister influencing him to call and make the change. Unless you can prove he is incompetent, not much you can do about it.
Just read, that to change beneficiaries concerning an insurance policy, it has to be written in the POA. POAs cannot change Wills.
Without a POA your sister cannot do much. I wonder how she sold the house without a POA. If her name is on his accts, not much can be done there. But the sale of his house? She better know what she is doing. It should have been sold at Market value if Medicaid is ever needed. The proceeds going to an acct for him. Anything spent out of that account needs to be for him only. She needs to keep very good records. Just being his daughter doesn't give her rights.
Here is what you wrote in another post: "My name is Marie and I live in the texas ,my dad and my mum had a fling while he was stationed in the UK 57 years ago. I met up with him when I was 30. He has one other daughter Kasey who lives in Hawaii. My dad has been living with my cousin for last two years while he battled cancer then again this year. He has dementia diagnosed in 2019 and needs a lot of care. My half sister has collected take him back to hawaii to care for him as she doesn't want to use money from the sale of his house to use for his care. She is going to set him up in a rental my dad thinks he can still drive it his license has been suspended and he won't have it. My sister is on my dad's account so she can spend his money as she seem fit. What are my options."
Where did your father live for the past two years? Where is your cousin? And where did he live before that?
If your sister doesn't want to use the money from his house sale for his care, then what is she doing with the money?
Have you seen the will where you and your sister have each been left 50% of the proceeds from the insurance policy?
Wills don't cover insurance policies. They don't even enter into probate. You don't even pay taxes as the beneficiary. When a person dies, all the beneficiaries do is put a claim in and the money is theirs. They aren't even held responsible to pay funeral costs or bills of the deseased.
I agree with all. I myself think that no one can do this, and they CERTAINLY cannot legally do it to enrich themselves. I would NEVER attempt to do such a thing without seeing an attorney lest I got charged with fraud. Esp. if this person is a POA which makes them a legal fiduciary who could be sued and jailed for fraud. See an attorney.
She'd be guilty of fraud if she did, and especially if she holds power of attorney.
You could remind her that fraud is a serious crime, as is exploiting a vulnerable senior. You could sweetly offer to check with the local district attorney's office to get all the details for her, too. ;-)
"The policyholder is usually the only person allowed to make changes to your life insurance beneficiaries.
If you’ve granted someone a power of attorney—a legal document that lets someone make financial, legal, or medical decisions on your behalf—they may have the right to change your beneficiaries. No one can change beneficiary designations after the insured dies.
There are two circumstances when you need another person’s permission to update a beneficiary: if the policyholder lives in a community property state or if they designated an irrevocable beneficiary."
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Just read, that to change beneficiaries concerning an insurance policy, it has to be written in the POA. POAs cannot change Wills.
Without a POA your sister cannot do much. I wonder how she sold the house without a POA. If her name is on his accts, not much can be done there. But the sale of his house? She better know what she is doing. It should have been sold at Market value if Medicaid is ever needed. The proceeds going to an acct for him. Anything spent out of that account needs to be for him only. She needs to keep very good records. Just being his daughter doesn't give her rights.
Where did your father live for the past two years? Where is your cousin? And where did he live before that?
If your sister doesn't want to use the money from his house sale for his care, then what is she doing with the money?
Have you seen the will where you and your sister have each been left 50% of the proceeds from the insurance policy?
You could remind her that fraud is a serious crime, as is exploiting a vulnerable senior. You could sweetly offer to check with the local district attorney's office to get all the details for her, too. ;-)
If you’ve granted someone a power of attorney—a legal document that lets someone make financial, legal, or medical decisions on your behalf—they may have the right to change your beneficiaries. No one can change beneficiary designations after the insured dies.
There are two circumstances when you need another person’s permission to update a beneficiary: if the policyholder lives in a community property state or if they designated an irrevocable beneficiary."
Source:
https://www.policygenius.com/life-insurance/can-you-change-your-life-insurance-beneficiary/?utm_source=google&utm_campaign=c:sem|p:google|v:life|b:nb|d:dt|a:all|i:all|m:dsa&utm_medium=cpc&utm_content=527288553794&utm_term=&utm_location=9012429&utm_device=c&campaign_id=12560016618&lptest=&gclid=CjwKCAjww-CGBhALEiwAQzWxOgdiSh7ZLpj9oEUYTocRIq4kUxnEAyUVSr4AG7OmzE4Ux5JXjW6zzBoC_1EQAvD_BwE