If a beneficiary is 96 yrs old, can they decline an inheritance

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If a beneficiary is 96 yrs old, can they decline an inheritance

If my mom is on medicaid and has dementia and is left an inheritance, can she
refuse it. And how would she do it if she can not sign her name on a form. Can
a person with her power of attorney do it for her?

Asked on September 4, 2017 under Estate Planning, Hawaii

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A beneficiary of any age can decine an inheritance. If she is not competent to do so directly herself, if she gave someone a broad POA conferring on that person the authority to do anything she herself could, that person could decline it for her. Or if the POA is more limited than that (it only gives certain powers, not including this) but your mother is no longer mentally competent, you could petition the court (ask an elder law attorney to help you) to have her declared incompetent to manage her own affairs and have you declared her legal guardian; you would then have the authority to do this.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption