QUESTION

Can a durable power of attorney remove two beneficiaries from the principal's annuity and claim it was his decision, despite him being non-communicati

Asked on Aug 20th, 2014 on Wills and Probate - California
More details to this question:
The POA claims that the principal wanted these two beneficiaries removed from his annuity and that he told the POA of his wishes for the 5 months that he was hospitalized and comatose from a brain aneurism. the POA claims that he wrote his wishes on a note. In other communication, the POA explained that he was non-communicative and couldn't write and could only mumble. the POA spent hours and days with the principal while he was comatose and could have very possibly been persuading him to alter his annuity without him being in the right headspace to make these important decisions. The principal died yesterday and the POA claims to have removed the two beneficiaries and transferred their inheritance to herself, claiming that it is what the principal wanted. Is this true? How can we know what he wanted? the POA also claims she communicated with him more thoroughly than the doctors did.
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1 ANSWER

Probate Litigation Attorney serving Anaheim, CA
2 Awards
Hi, The circumstances of the removal of the beneficiaries certainly sounds very suspicious and the beneficiaries may indeed have a good claim to set the changes aside. A court would likely look very skeptically at these changes. Who is the person with the power of attorney?  Thanks,Jon
Answered on Aug 21st, 2014 at 5:06 PM

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