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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
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My mother is in a nursing home with ALZHEIMERS. I have power

Customer Question

my mother is in a nursing home with ALZHEIMERS. I have power of attorney and I am her beneficiary on her life insurance policys which are enough to bury her. all her possesions were left to me as well. I have been paying her life insurance for several years and supporting her. She is on medicade. Recently my brother found a unclaimed life insurance policy from our father who died 32 years ago. Can I claim this policy without losing it all to pay for the nursing home? Should I wait until my Moms passing? My brother is interested in claiming it for himself asap. How do I claim and cash this check if I receive it? How can I claim as mom is beneficiary? I need it to help make her life comfortable in the home. Also I have a step father who has signed a feeding tube order for my MOM. Can I override this order? He is 94 and no long making decisions for Mom and is in a assisted living home. Her will and forms were signed 4 years ago.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dimitry Esquire replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns. To ensure that I do not miss anything, I will go point by point with your questions. You posted: Can I claim this policy without losing it all to pay for the nursing home?Generally no, as this is related to how the nursing home contract is drafted. If the contract states that all assets obtained while in their care goes to the home, then they have a first right to the funds since your mother would receive it while living and not once she has passed. Should I wait until my Moms passing?Again, it depends on the agreement. But generally waiting until passing is more prudent because you can then potentially negotiate with them and try to pay less than what the debt may be. My brother is interested in claiming it for himself asap. How do I claim and cash this check if I receive it?You cannot, unless you sign as the power of attorney for your mother. Then it becomes vulnerable to collections from the nursing home. How can I claim as mom is beneficiary?You cannot, this is legally not your money unless you pursue it on her behalf as her power of attorney, provided that you have financial power of attorney along with your medical power of attorney. I need it to help make her life comfortable in the home. Also I have a step father who has signed a feeding tube order for my MOM. Can I override this order?Only if you were listed as the POA. Typically spouses have primary rights to make medical decisions unless a document exists that names someone else, such as yourself. The fact that he might not be competent anymore would go a long way toward your argument that you are better fit to make such decisions, but again you would need the signed POA to do so. Sincerely, ***** *****

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