QUESTION

Do I have authority to change my wife's CNA LTC Policy. I don't have any document that would give me that authority. I am 87, wife is 78.

Asked on Nov 24th, 2019 on Elder Law - Florida
More details to this question:
We received notice of almost doubling our premiums for the years 2019, 2020, and 2021. In order to avid the increases we were told we can remove the 5% annual increase in benefits which I did for both of us. It turns out the CNA company made a mistake in keeping the same premiums as what we paid in 2018 and are increasing premium charges for those years although not as high as if we kept the 5% annual increase in benefits. My wife found about the change I made for her policy and said I did not have that authority for her policy. The CNA company in writing said that a change like that can not be reversed. The first premium payment under our policies without the 5% annual benefit increase is by December 31,2019. My question is if I contact CNA and ask to reverse the decision I made for my wife's policy arguing I did not have that authority is it possible they would agree. The signature for my policy change and my wife's is the same. Can I contact a lawyer to agree I had no authority?
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
If you are not agent under a Durable Power of Attorney granted by your wife and have not been appointed her guardian or community administrator by a court, you would appear to lack authority. If a letter from your wife is insufficient, contact a local attorney who specializes in consumer law.  Also contact your state department of insurance; your wife can file a complaint and let the insurance company know that she is doing so.
Answered on Nov 25th, 2019 at 5:09 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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