Undue Influence - Life Policy Bennificiary Change
Within one one of my mother's death, in great pain and distress while dying from end-state colon cancer and liver failure, jaundiciced and under the influence of controlled substances (hydromorphon, fentanyl, lorazepam) and anti-nausea medications (ondansetron, metoclopramide) for such pain and distress, as well as oxygen support, residing with and under the exclusive care and control of my father, father using undue influence, including physical force and verbal abuse, manipulated my mother by having her change her beneficiary desgnations on her annuity from my father, her children, her sister, and her church, to my father only.
The beneficiary change was not witnessed in person by the agent as his company policy requires. The agent confirmed the change with a phone call to my mother with my father present in the room ensuring the change was completed.
Did my father commit fraud?
What are the statues of limitations to file such a complaint?
Can the insurance company be held responsible for not following their own policies?
The agent was my brother-in-law!
1 Answer from Attorneys
Re: Undue Influence - Life Policy Bennificiary Change
I am not sure that your father committed fraud. The real question is whether or not your mother was under undue influence in the signing of the beneficiary change or if she was competent at the time of the execution of the change. These are questions of fact.
I cannot determine if the insurance company would be responsible without seeing the company policies and the beneficiary form.
I have not researched the statute of limitations question.
Related Questions & Answers
Elderly couple taken advantage of! an elderly woman had a stroke and was put in the... Asked 8/12/04, 12:00 am in United States North Carolina Elder Law
Power Of Attorney Can an Agent revoke a Power of Attorney? Asked 8/07/04, 8:32 pm in United States North Carolina Elder Law
Is guardianship needed if mother already has poa and moa? my sister has both durable... Asked 7/26/04, 12:41 am in United States North Carolina Elder Law
Our responsibilities if parent signs over property My father-in-law wants to sign... Asked 7/05/04, 7:10 pm in United States North Carolina Elder Law
Financial Responsibilities of POA My brother has the power of attorney, with me... Asked 6/14/04, 9:07 pm in United States North Carolina Elder Law