can someone with power of attn. take the benifits away that my grandfather left me?

Question

my grandfather left a small amount from his union worker benefit, but after 40 yrs his sister came into the picture and is now power of attn. and although I've been caring for him the last 15 yrs, she told me I'm no longer a beneficiary, can she do that?

Answer 1

i see this alot in the hospital where i work. in order for you to no longer be a beneficiary, your grandfather would have had to physically change it himself and he would have had to have been of sound mind to do so. no one else could change his union benefits except him. however, usually the union sends out annual benefits explanations' and there is a place on the back where the worker can change over his beneficiaries if he would like. that means that she would have had to have changed it herself illegally. you can contact the insurance company and find out yourself. there are many different kinds of power of attorney...healthcare, financial, etc. however, no POA gives someone authority to name themselves as beneficiaries...in fact, in california, if you are a POA, you CANNOT be a beneficiary because it is possible for you to have everything signed over to yourself. good luck and i'm sorry to hear about that

Answer 2

HELL NO!!!!! If you grandfather left you an amount as a beneficiary to his union benefits, she can not just come in with Power of Attorney and take those benefits away from you. How did she get Power of Attorney, he needs to sign the paperwork if he is alive, or he must be declared incompetant by a judge, and if he is deceased, she has no rights at all since there should be an executor for the estate. Either way, based on the fact that he obviously made you a beneficiary a while ago, and not yesterday, his wishes should stand!! Tell her you are gonna get a lawyer and sue her and the estate b/c what she is trying to do is illegal

Answer 3

Hopefully you can get a copy of his latest will. The one stating that you are a beneficiary may be outdated (he may have been coerced into doing a new one not realizing what was going on). I would get an attorney and have things checked out, such as checking to see if his sister actually has power of attorney. She would have had to go to court for that and would have had to have your Grandfather declared incomptent. Good Luck

Answer 4

Unless the courts or your grandfather GAVE her Power of Attorney , sh`e doesn`t have it simply because she`s his sister .
Even if she was given POA by the courts , or your grandfather , she can`t change the will . She can only see that it`s carried out according to his wishes .

Answer 5

No, she cannot change a will that was made when he was of sound mind...if she tries this, haul her butt into court...power of att. does NOT extend to changing wills of people of sound mind...ever! It allows them to carry out the business of the person, not make financial decisions against the person's sane will, and the will clearly states what should happen..I hope you have a copy of that will, I hope you have papers as to the date of his incompentency. But in the real run of things, if there is not that much money involved, don't get worked up over it, it ain't worth it. Good luck and peace, Goldwing

Answer 6

I had a friend who lost all his money. Due to the POA tricking him into signing a paper signing off his son a caregiver.

Answer 7

if your grandfather appointed her as his power of attorney , then unfortunately it is up to her. But if she is not legally documented as it, then no, she can't do that. Take it to court!

Answer 8

Get a copy of his will and see a attorney before you have nothing>