More details to this question:
I have an old but good Life Ins. Policy. My brother is the Insured but he is under Hospice care due to Dementia, Autoimmune Encephalitis & needing a liver. He doesn't always comprehend what is said or always have the ability to speak. The beneficiary is Dad, who is deceased. (Mom too). Brother has a common law spouse of 19 years. He has one child from a prior marriage, who has had no contact in 20 year but is local and aware of his condition. I am his only sibling. Though I have the insurance policy, I have no idea what needs to be done, if anything. I'm sure our parents intended for the policy to cover his burial when that time comes. He has been sick for awhile. His wife, has to be there 24 hours a day. They don't have money for a funeral. This would be a blessing. Any guidance would be greatly appreciated.
1 ANSWER
Disability Insurance Attorney serving Hollywood, FL
Partner at
Disability Attorneys Dell & Schaefer
3 Awards
Ms. White:
This is complicated. If you brother does not have the capacity to make his own decisions then he shoudl have a guardian appointed. An appointed guardian can request a change of beneficiary form from the life insurance company. If your brother has the ability to sign a change of beneficiary form, then you can request the form for him and have him sign it. If he dies without a change of beneficiary and he has not be remarried, then the likely beneficiary will be his child.
Answered on Apr 16th, 2020 at 11:08 AM