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Can a power of attorney legally change a beneficiary on a life insurance policy? law answers (292107)

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What are the filing requirements for advanced health care directive documents?

A:  There are no formal filing requirements for advanced health care directive documents, but there are some important considerations to follow. Give the original of the durable power of attorney for health care to the person you have named to be your patient advocate, or decision maker. Your doctor should have a copy of the document, and you should keep a copy for yourself. For a living will, keep the original for yourself and give copies to your close family members. Your doctor should also have a copy of this. Ask your doctor to make these documents a part of your medical record. If you should enter a hospital or nursing home, try to make sure that the facility also has a copy of the document or documents....

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Can I refinance Momís house to pay for care?

A:  To find out the answer to this question, you will have to do something that may seem a little distasteful: Make a close reading of the document that appointed you to act as the power of attorney. One thing to be aware of from the getgo is that there are two types of power of attorney in South Carolina. The health care power of attorney generally authorizes the designated agent to make decisions about another person’s medical care—including the power to consent to or refuse particular treatments and procedures. There is a particular form authorizing health care agents in North Carolina, but residents...

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Can a POA be revoked even if the original document cannot be found?

A:  Even something as stodgy as the law can’t demand that you do the impossible. The important thing is that you get the current wishes recorded on a new power of attorney form—and clearly indicate on it that it is the intent that all prior powers of attorney be revoked. Filling out a new power of attorney is generally the way that the old one gets revoked. So make sure that the revocation form you are looking at is not some extraneous form that is not required by law. Still, some banks and other institutions sometimes demand a formal written revocation. In that case, just do your...

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How can I find out who holds the POA?

A:  Unfortunately, it''s not easy to find out if someone holds a power of attorney given by another person. I know of no law that requires that a person who holds the POA (called the ''attorney-in-fact'') must show the document to concerned people, including (other) family members. However, there are a number of actions you could take. First, you could ask your mother, assuming she is mentally competent, if she has given a POA to her daughter, your sister. If you mother says she has, you could ask her if you could look at it. You could also ask your sister to show you the document, but I gather that she would be unlikely to do so. Finally, if you suspect that you sister is abusing her...

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Can I move my aunt without being her POA?

A:  Hi Tony, What kind of power of attorney is it? If she considered custodial to the point of not being able to make her own decisions- she can not be left alone at all, you''ll need to contact social services or medicare (which ever she uses)- with their help I honestly do not see any reason that she could not be moved, seems also to me that the other person may put up a fight though. If she is of sound mind, couldn''t the POA be revised to add you as a 2nd authority? Hope this helps ~Jenny...

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Trustee: What is "Reasonable amount" exactly?

A:  "B. Peg" <bent_peg...worldnet.att.net> wrote: I got the terrible task of being successor trustee along with Durable power of attorney (in CA) on a living trust. I cannot get an answer as to what the term "to be paid a reasonable amount" is in regards to the person (me) in handling the trust. Is it some percentage of the trust or a flat rate? The amount is nearly $500K to be split equally among 3 people. Reasonable amount means what others are being paid for doing the same thing. As a successor trustee, you have no obligations until you become the actual trustee. At that point you are entitled to some fee. What I''d do is call your local probate court and see if they will tell you what fees the judge generally...

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Need advice please. TIA!

A:  Get an attorney or go to Legal Aid. Laymans take: Something is wacky or you have terms wrong or both. A POA evaporates at moment its maker passes. If you mean Mom got jump to head of line as administrator of sons intestate affairs what may be most unfortunate. Sis may not have had standing to seek role in own name but several other possibilities may have existed or still exist if intestacy is not formally opened and final appointments made etc. Sis needs to sort it out fast and possible line up one of his sibs to rush to serve. Under intestacy his child stands to inherit EVERYTHING--Sis needs to anticipate that his Mom may be out to frustrate same. Sis may have the wicked witch of the west in he drivers seat and she needs to act accordingly to protect her...

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Dad passed away 18 months ago..

A:  Ask a PA estate attorney? Was your Uncle the estate's executor or was he just your father's POA when he was alive? If so, that expired when your father did. Furthermore, who was the designated beneficiary of your father's life insurance? If it was you and your brothers, your Uncle has no right to hold onto that money, it should have been disbursed ASAP because life insurance proceeds are payable on death accounts and pass outside of probate and the estate. Credits have no clain on that money. If there is no money in the estate to pay creditors, they are out of luck. "My dad died 18 months ago and my uncle was

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life insurance Claim-review Pending

A:  "My question is does anyone know what a typical outcome of such a situation is likley to be?" I do. I'm a former investigator of such claims. "There may or may not have been omissions on her application, but basically she was in good health." If the "omissions" were material to the issuance of the policy they could be grounds for denial. "Is a large insurance company likley to deny such a claim for a death (such as non fault accidents or murder), for errors on the application (not age or sex) that clearly have no relation whatsoever to the cause of death?" It's virtually a guaranteed denial. For example, if an applicant fails to disclose a history of cancer and dies in an auto accident, the...

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Failure to maintain life insurance - options?

A:  Have you discussed why he isn''t doing this? I''m afraid short of him volunteering something it will probably get nasty. If your mom has a court order requiring him to do this and he refuses you will have to go back to court on contempt. I would talk to him and see what he could do willingly. Djohnson.... if it states in the divorce decree that husband shall maintain a life insurance policy for children, and he doesn''t....can she really bring contempt charges on husband? It is court ordered. By not meeting the court order he is default of a court order. Djohnson...I have a few questions for you then: I am in a similar situation where my ex is suppose to maintain a life