Is it legal for my stepmother to change my father’s beneficiaries for his life insurance policy after she obtained POA when he got Alzheimer’s?

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Is it legal for my stepmother to change my father’s beneficiaries for his life insurance policy after she obtained POA when he got Alzheimer’s?

Asked on March 28, 2014 under Insurance Law, Georgia

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 7 years ago | Contributor

The person who has a POA cannot change the beneficiaries of a life insurance policy.  I assume she did the obvious thing and changed it to 100% for herself.  Many people make that mistake.  The person's estate is not a candy store for the person who has a POA.  You can challenge this change, especially if you were the prior beneficiary. 

 

Licensed in Georgia

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Under the laws of all states in this country only the person who has the life insurance policy in place can change the beneficiaries under it absent a court order. The power of attorney unless it states authority to allow a chance of beneficiaries should not allow such change under the laws of your state.


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