QUESTION

What can be done if annuity company refuses to act on a request by the owner or the power of attorney agent?

Asked on Feb 09th, 2014 on Litigation - Washington
More details to this question:
My grandfather has an annuity that he lives off of in his name. His son recently filed guardianship proceedings attempting to get him declared incompetent after he gave a gift to his daughter (bought her a 14-year-old car). I went to the emergency hearing where the commissioner refused to issue any temporary order or freeze his assets stating that he was clearly competent and defending himself quite well by himself. The commissioner forwarded it to a judge and set a hearing, but after I filed a restraining order and request for injunction, the son dropped the matter. The son sent a copy of this filing to his annuity company, and now they are refusing to release him or me (as power of attorney) any funds citing that a question of competence was made. I sent them the dismissal documents, and they are still refusing to act on his request to release him any funds. This is all he has to live off of, and the facility he lives in costs upwards of $5k per month. I want to know what remedies I have for getting them to honor not only my request, but the request of the owner himself to disburse funds.
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6 ANSWERS

Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Issue is too complicated and you have not shared the whole story, only part of it. if the man is not incompetent how is it anyone can deal with his property but him or by his permission. Get you a good probate atty to review the whole shebang.
Answered on Feb 18th, 2014 at 4:30 AM

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Edwin K. Niles
Sounds as if you need a lawyer letter.
Answered on Feb 14th, 2014 at 3:07 PM

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Michael J. Breczinski
File a motion in front of the judge on the case to have the annuity company held in contempt of court since they will not honor the order of the court. Have the court order them to pay the monies.
Answered on Feb 13th, 2014 at 4:58 PM

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Thomas Edward Gates
Retain an attorney to help you.
Answered on Feb 13th, 2014 at 4:57 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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You need to hire an attorney to sue the annuity company if it doesn't pay immediately.
Answered on Feb 13th, 2014 at 4:57 PM

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James Eugene Hasser
It sounds like you need to get a lawyer or threaten a lawsuit at the least. If you decide to get a lawyer, get one that does Probate work.
Answered on Feb 13th, 2014 at 4:57 PM

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