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  1. #1
    Join Date
    Feb 2014
    Posts
    2

    Default Can You Use a Power of Attorney to Change a Life Insurance Beneficiary

    My question involves estate proceedings in the state of: Virginia

    Hi everyone, I am potentially encountering a sticky situation and would like some advice. My dad passed away recently, and his sister was his POA (dad had Parkinson's and was in a nursing home- while I wouldn't say he was unable to make decisions, he was unable to care for himself (i.e. paying bills because he was unable to write))- right before he passed, she had mentioned that she had changed the beneficiaries to his life insurance; they were for my sister and I originally, and she did not disclose whom she changed it to. Because the past few days have been emotional and difficult, we have not brought up this subject yet seriously.

    My dad nearly died a few years ago, where it was confirmed by my aunt that we were the beneficiaries to his life insurance, which was a significant amount between my sister and I. Of course, when I recently found out that she had changed the beneficiaries, we were shocked and upset, and I don't even know if she is telling the truth- she has a history of psych issues. From what I have found out among other people, it is very difficult to change beneficiaries to one's life insurance as a POA, and she simply could not have just changed it. Even if she did, there is absolutely NO way that my father would leave her with money- most parents name their children as beneficiaries (my dad was divorced), not their siblings. His children were all that he had, and he would mention, before he passed, that if anything were to happen, we would be taken care of financially.

    This is extremely upsetting, as my aunt is going against my father's wishes for her own greed. Many have told me to go forth with a lawyer/lawsuit, but I would first like to get an idea of what I can expect, and what the laws generally are for these things. I do not know if my father had a will, and have no documentation of what his POA rights were.

    ANY help would be appreciated. Thank you.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,181

    Default Re: Power of Attorney Changing Life Insurance Beneficiaries

    Has it been confirmed by the life insurance carrier that the beneficiaries have indeed been changed?

  3. #3
    Join Date
    Feb 2014
    Posts
    2

    Default Re: Power of Attorney Changing Life Insurance Beneficiaries

    I have no idea; I have no documentation. I spoke to my aunt today to get to the bottom of this, and at first she mentioned canceling it, but then that she changed the beneficiary to herself. She said that my dad signed the papers to change the beneficiary but I HIGHLY, HIGHLY don't believe it- first, why would ANY parent sign it over to their sibling, and most importantly, dad was unable to write, let alone, pick up a phone.

    I have no idea what to do.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,181

    Default Re: Power of Attorney Changing Life Insurance Beneficiaries

    The first step is to find out whether she actually did (attempt to) change beneficiaries or if she is just blowing smoke.

    Stop talking to your aunt.

    Was this insurance that your employer had through his employer/former employer, or is this a private policy he bought on his own?

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