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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default How to Change the Life Insurance Beneficiary of a Disabled Person

    A man is in his mid-50's and is disabled by early onset dementia. His brother found out that he has life insurance, but the beneficiaries are their deceased parents. He wants to change the beneficiary so that the money comes into the disabled brother's estate for expenses such as burial, but the life insurance company says that they won't do so without a court order. How can the brother change the beneficiary?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: How to Change the Life Insurance Beneficiary of a Disabled Person

    Unless he holds a valid, durable power of attorney allowing him to act on behalf of his brother, and it includes authority to change insurance beneficiaries, he can't. The owner of the policy needs to change the beneficiary while he remains competent to do so.

    If no alternative beneficiary is named to the policy, then the policy will be distributed according to the terms of the insurance contract or, if no provision is contained therein that would avoid the application of state law, in a manner consistent with state law. It may be necessary to distribute the proceeds through the parents' reopened estate.

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