My dad lives in a nursing home in New Jersey, he is now in the hospital unable to talk. My questions are how do i find out if he has any policies if the nursing home does not know. Also would i be able to renew an old policy he had? What type of policy is he allowed to have?
I've changed this question to elder law so an attorney who practices in that area in New Jersey can respond. You don't say if your Dad is still mentally competent. The issue would be if you already have a Durable Power of Attorney for your Dad. If not, and if he's mentally competent, than he can appoint you as his agent. If he's not mentally competent, you'd have to follow the rules to be appointed his guardian/conservator. Until that's done, you have no legal right to be inquiring as to any "policies" he may or may not have.
My answer to your question is for informational purposes only and nothing contained herein is to create or imply an attorney client relationship. Also, my answer is based on South Carolina and Federal law only. In all cases involving legal matter, i always suggest that people consult a licensed attorney in their jurisdiction.
I agree with Mr. Laddage. And you need to contact an experienced Elder Law Attorney in New Jersey and be worried about a lot more than just life insurance that he may or may not have. You're going to need to re-post this question using a New Jersey location.
Evan Farr is Certified as an Elder Law Attorney by NELF (National Elder Law Foundation), which is approved by the American Bar Association, and is a member of the Council of Advanced Practitioners of NAELA (National Academy of Elder Law Attorneys). Evan is licensed to practice law and has offices in Virginia, DC and Maryland. NOTICE - Unless expressly stated otherwise, this communication: (1) is not legal advice absent an existing attorney-client relationship between us; (2) does not create an attorney-client relationship; (3) does not constitute an offer, acceptance, or contract amendment; (4) may contain confidential or legally privileged information protected by the attorney-client relationship and/or work product privilege; (5) is only for the use of the individual to whom it is intended by the sender to be sent, and if you are not such recipient, disclosure, copying, distribution or reliance upon this communication is prohibited; and (6) is not intended, and cannot be used, to avoid tax-related penalties pursuant to treasury department circular 230.
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