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Can my siblings come after me for a decision my mom made on her insurance policy even though it's not my fault?

Tagged as: Big Questions, Family<< Previous question   Next question >>
Question - (31 July 2013) 4 Answers - (Newest, 1 August 2013)
A female United States age 51-59, anonymous writes:

Dear Cupid ,I have a question um my mom health is talking an awful turn we don't know how long she will be with us but she made me Power of Attorney over her and I was wondering who do I talk to about is there a (Will) my mom told me that if she passes everything will be talking care of so who can I talk to just in case.Three weeks ago we went to the social security office and my mom told the lady if she should pass she wants everything given to me even though I have other siblings she has my name on every thing so who can I talk to if my other siblings decide they want to come after me for my mom's decision.

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A female reader, Aunty BimBim Australia +, writes (1 August 2013):

Aunty BimBim agony auntYou are best to seek advice from a professional, in Australia the Power of Attorney ceases once the person dies and the Executor of the Will takes over dealing with matters. If your mother has made a will naming you as her beneficiary, and she was of sound mind there is not much your siblings can do about it.

Good luck!

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A female reader, anonymous, writes (31 July 2013):

You need to speak to a lawyer, see where you stand espically with regards to what is in the Will and things currently in your name. I don't know if Power of attorney grands you premission to know what is is the Will but you most certainly won't be able to change the contents. If she hasn't named you then nothing you can do unless she changes it.

I found this answer online about whether POA over rides a will, may be useful, may not.

"Powers of Attorney and Wills are distinct legal documents and have different legal effects.The POA appoints the attorney as an agent with authority to act on your behalf either in general or for defined purposes. It has effect as soon as it is signed and remains valid until revoked.A will of course operates on death and remains a valid will unless revoked by a later will or altered by a codicil (partial amendment to original) or marriage.So the POA does not override a will although disposals of specific property under a POA which might otherwise pass on death may render some of a wills provisions redundant if the property is not part of the estate on death"

I would also think about your siblings, though you may get everything it is wise to be atleast a little fair. Make sure they have tokens of your mum and anything else that can fairly be shared. You are all her children. Ok, maybe the siblings aren't perfect but they deserve something.

Talk to a lawyer!

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A female reader, Denise32 United States +, writes (31 July 2013):

Denise32 agony auntYou had better make an appointment with a lawyer to find out what your rights are, and those of your siblings.

If you are not sure where/how to find a good attorney, call your local Citizens Advice Bureau for a referral.

Sorry to hear your Mother is so very ill!

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A female reader, malvern United Kingdom +, writes (31 July 2013):

malvern agony auntHas your mother made an official Will with her solicitor? Hopefully she has, you need to check with her. Some people make Wills that are considered unofficial and cannot be used after that person has passed away no matter what they wrote in that Will. If the whole thing has been done through a solicitor then legally I don't think your siblings can do anything about it as everything is your mothers decision. You need to check with your mother and with her solicitor.

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