QUESTION

My mother has dementia and a believe a family member and a family friend had my mother to sign insurance papers.

Asked on Dec 28th, 2018 on Guardianship and Conservatorship - Kansas
More details to this question:
My mother has dementia - diagnosed over 10 years ago. My sister took power of attorney from me and had mother sign power of attorney over to her 6 years ago, afterward she had mom signed insurance papers making her the beneficiary (and someone else) something she would have never done if she understood what she was signing. She lived with my mother for only 9 months and afterward, she forced my mother into an institution. We went to court and she was found in violation of my mother's rights by forcing her into the institution. (The district attorney did nothing). Nevertheless, Can I cancel the insurance policy? Or do I have options on the policy? How can I find the underwriter for the policy? My mother has 7 kids and prior to cashing out her New York Insurance policy for financial reasons, she made us all beneficiaries. My mother currently lives with me and has been for 5 years. Her health is declining.
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
If your mother cashed out the policy as you write, there is no policy to cancel.   If there is a policy but your mother's dementia is too advanced for her to make changes, her Durable Power of Attorney, if any, may or may not give the person she named as her agent power to change the beneficiary.  If there is no Durable Power of Attorney, placing her under a guardianship would not necessarily give the guardian/conservator power to make that change.  They may need a court order based, in part, on the records from the earlier trial. If there is a policy, the name of the insurance company may appear in the court records.  There are also services which will search up to 1,500 life insurnace companies -- for a fee.  You may want to investigate a little more first.      
Answered on Dec 29th, 2018 at 5:14 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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