A person has a notary public go into a nursing home, supposedly, and has a resident sign a POA document, giving the agent powers. The resident had mental issues, the agent knew this. There was no witness, nor any mention of competence in document.
The document was not sealed, or stamped by the notary, deeming it invalid. The agent then spread this invalid document all over the country, claiming to be this new POA. She also changed her benificiary on the resident's life insurance, but did not become part of that. The court accepted this invalid POA also. Waiting now to see if the Insurance company rejects, or accepts the POA on her life insurance. I've called the Insurance company and told them of this being invalid, and they contacted the former agent, and in 6 weeks they finally received another copy with some stamp that was highlighted by agent, but suspect..i have not seen this document..I told them to make a photo copy of it, and if you see, or don't see it, you have your answer. What, and who is liable for this if deemed invalid. I have not opened an estate yet, this will happen if deemed valid by insurance company.
You'll want to hire an attorney to contest the validity of the POA. If there is a dispute on the change of the beneficiary of the life insurance policy, there is a strong likelihood the insurance company may initiate an action for the purpose of determining where the proceeds should go. Have you informed the insurance company that there is a dispute regarding the POA and change of beneficiaries on the policy?
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Got to love wills and estates law. You need an attorney or you can try to negotiate with "her" whoever she is. Good luck.
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