Can my mother’s POA cancel life insurance policies if he was told to continue paying on them?

My brother is my mother’s POA. Prior to being appointed such, she had a guardian ad litem through the probate court. She was paying on her life ins policies and he was told to continue doing that. He did not, however, continue to pay on them. Is there anything I can do regarding this?

Asked on September 7, 2011 under Estate Planning, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the current sibling has a valid power of attorney (POA) with respect to your mother you need to carefully read its terms and conditions in that the power of attorney controls the duties of the attorney in fact for your mother.

If your brother was advised through court order via the probate court to continue paying on life insurance policies of your mother he needs to abide by the court order. If your mother has requested payment on these life insurance policies the attorney in fact should abide by her wishes unless there is no real advantage to continue with the payments from an economic standpoint.

For example, the benefits of the existing policies may not warrant continued payments for them.

The best way to resolve the issue is to sit down and speak with your brother about your concerns. Perhaps he has a reasonable explanation for his acts.

Good luck.


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