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Hi my name is Nicole and I have been taking care of my mother of 75 years old suffering from domentia. Her sister my aunt who lives in Tennessee came down to Oklahoma got POA behind my back. I am my mom’s beneficiary on her Illinois state life insurance. I don’t have a copy of the policy and my mom doesn’t have any idea where it is either. I take care of her and haven’t worked in over a year because I have to be available all day and night now she’s gotten worse. I want to know if my aunt will be able to take her life insurance over me the beneficiary?

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Nwire, it is a crime for a POA to enrich themselves using their POA authority.

If mom is able, get her to do a new POA and send Auntie a notice that she is no longer the POA. If the POA was done after mom was deemed incompetent, get an attorney to send a letter explaining that a document created by an incompetent person is not legally valid and if she tries to enrich herself she will be prosecuted to the fullest extent of the law.

Money and power, real or perceived, makes many people ugly cockroaches.
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MountainMoose May 15, 2024
Perfect post.
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Only the owner of the policy can change the beneficiary. The POA would have to be added to the policy in order for her the change the bene. Without your mom's permission, your aunt would have to get a court order in order to be added to the policy as a POA.

Just having a POA without being added to the insurance policy doesn't do jack squat.
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acKENmind May 19, 2024
Im not an attorney but I'm going to say that this is incorrect from my own experience, having done it for the right and legal reasons.

As POA, I have legal authority to make decisions and sign documents as long as it is in the best interest of my LO. I can take any legal action in his behalf. This, of course, must be stipulated in the agreement. It is the entire point of the agreement.

What would be a good and legal reason? In our case my mother and her husband signed Family Trust that stipulated that all assets would be divided equally among the 3 beneficiaries "except" those that were separately listed in their individual Wills. I found a life insurance policy that had listed a single beneficiary that was not in a Will, so I, as POA, changed the beneficiary to the Family Trust so that all would benefit at the final passing. The insurance policy was older than the Trust, but the Trust was their final and most recent wishes. It was my responsibility as POA and 1st alternate trustee of the Trust to honor those wishes, not the outdated wishes of the insurance policy.
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How exactly did your aunt get POA behind your back? Presumably, you live with your mother while taking care of her all day and night? When did your aunt get your mother to sign a POA document? And who notarized the signature?
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If Mom has Dementia Aunt cannot get POA. It has to be assigned by your Mom and she can no longer sign contracts. If Mom has a former diagnosis I would contact the lawyer who wrotebit up and tell them Mom was incompetent at time she assigned Aunt.

I would hope that Aunt cannot change beneficiaries on life insurance policies. Mom assigned that person it should not be changed. And a POA can do nothing where they profit.
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Pyrite May 19, 2024
How does one PROVE incompetence at an earlier date?
"Honest, she USED TO BE incompetent."
yeah, sure.
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Nwireman03: Pose this question to an attorney.
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She may be able to if she is the current POA. It depends on the POA document. Some stipulate what can be changed and what cannot. You won't be able to know that so you must assume it can be changed.

This is the THIRD TIME TODAY I have had to tell our OPs that it is NOT OK to care for a senior without a care contract.
Tell your Mom's sister, your Aunt the following:
1. I am the one doing daily care of your sis, my mom.
2. I insist that as POA you go to an elder law attorney with me, and that we make a care contract.
3. This care contract will include the following.
A) Shared living costs for my mortgage (rental or other). This must read as "shared living expense, not as "rental" as the latter has tax repercussions for me.
B) Cost of transportation to appointments.
C) Cost of food weekly and of food prep and cooking
D) Cost of cleaning fees
E) Stipulation on how often shared living will work for BOTH mom and myself; it it is not working for one of us then it is now working for either of us and mom will require placement.

Now you can do this on YOUR OWN with an attorney who can make and present to the POA a "bill" for your above expenses as well.
If you are not compensated then you can give your Sister the POA a note as to when you mother must be placed in care and a reminder that is her responsibility as POA.

I am tired to death of reading on this Forum how often family members are taken advantage of by wrong-doers, and how often THEY LET THIS HAPPEN.
You are a grownup and responsible for supporting yourself, taking care of your mom and you are deserving of compensation for that, because it would amaze you to see what Medicaid will pay for such a thing.
Take the bull by its horns, or continue to be taken advantage of. Truly the choice is your own.
And, by the way, I am sorry for all you're going through.
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Jacquelinezr May 19, 2024
Please listen to this response. AlvaDeer has great information here.
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I'll make this short: with dementia, your mother cannot "legally" sign a new POA. How do you know she got your mom to sign a new POA? Please see an attorney. Yes, it will cost you money but it will be much much less than what you will lose if you lost that beneficiary status.
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Absolutely NOT. You would need to be a Legal Guardian, and even then, you would need the probate court's approval for any significant change to assets.
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You may be able to get a copy of the policy from the state. They will want to ask her , she probably will be able to say "talk to my daughter" or just "yes" or some such. Contact the employer in her past department to get information on where to call. This may work, it's worth a try!
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There are different types of life insurance policies and as explained below, different powers assigned to power of attorneys depending on what is written in the POA.

You don’t seem to have this information. You mention three different states. Is the State of Illinois who issued the policy? If so, perhaps you can contact them and get a lead on how to get a copy of the policy. Do you think the aunt took mom’s policy when she visited? How do you know the aunt got the POA? Did she tell you?

https://cms.illinois.gov/content/dam/soi/en/web/cms/benefits/stateemployee/documents/life-insurance/metlife/gr-tr-bene-met2-soi.pdf


https://cms.illinois.gov/benefits/stateemployee/statelife.html

For what it is worth, a top of the line elder law attorney had me enter a beneficiary on aunts group life policy. I assumed it would be cashed in for her Medicaid application. It has no value until she passes so wasn’t part of the application. For whatever reason there was no beneficiary listed on her annual summary from her employer. I have no idea why. Aunt wanted it split amongst all her living nieces/nephews. It’s a very small policy.

The beneficiary form for the State of Illinois has a place for the POA to sign. Seems to be a common practice.
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