Do a guardian have the right to change a beneficiary on a life insurance policy?
My mother and my stepfather been together for 21 years my stepfather became ill in December of 2019 they had a life insurance policy in place for over 20 years my mother change as his beneficiary only a month before death they have been paying the insurance out of their joint bank account together they were not married but she did in up in Probate Court with my stepfather daughter where the judge inform both that anything they accumulated together my mother gets to keep. can you please tell me if a guardian a temporary Guardian have permission to change her as a beneficiary because her name changed as the beneficiary only a month before his death and the insurance company is saying that it was legal.
From your question I am assuming that the Probate court appointed a guardian for your step father and the guardian (the step daughter?) changed the beneficiary designation. If that is so, you need to investigate whether the guardian exceeded the powers granted him (or her) by the Probate Court. Further if the beneficiary change benefited the guardian in any way you can challenge it even if the court order arguably gave the guardian the power! If the guardian did your Mother can challenge the beneficiary change and even make the guardian personally liable for any funds she lost. Contact an attorney immediately to assist you in this matter.
I have answered this question with a general knowledge of law. My answer does not create an attorney-client relationship.
Your wording is too confusing for me to grasp the problem fully. A guardian has only powers permitted by statute as set forth in the order of the court appointing the guardian. You should take all relevant documents to a probate lawyer promptly.
These comments do not constitute legal advice. They are general comments on the circumstances presented, and may not be applicable to your situation. For legal advice on which you may rely consult your own lawyer.
If your father as owner of the policy changed the beneficiary prior to his death and was competent, then yes. If mentally competent, and a knowing decision 1 month before guardian, then yes. The question is why did he change after 20 years.
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer
