When we do try and see our mother, the youngest sibling, and her two adult daughters (see following):
1. My youngest sibling is the caregiver2. Her 1st born Adult daughter is savvy with insurance policies and accounting3. Her 2nd born Adult daughter has Power of Attorney over my Mother.
They have caused conflict (bait into reaction) with the other three siblings. They had an Advance Care Directive signed without us knowing. They took me off of my mom's insurance policy as a beneficiary. The Power of Attorney is now the beneficiary.
What could be the possible factors in this scenario?
If the POA is envoked they can change the beneficiary. But, everything I have read is they can not make themselves beneficiary and the change must be done in the best interest of the policy holder. Also, it is illegal to pose as the policy holder to change beneficiary. The only thing the POA can do in their name is surrender the policy for the cash value and that money will need to be deposited in the policy holders personal accout.
How do you know you were removed from policy as a beneficiary and when were you removed? This information is confedential and would require your mother to authorize the release of informtion.
I as POA can not simple change beneficiary to me. However if I was named as beneficiary before my POA went into effect I am rightfully the beneficiary. Or, if the beneficiary had died, I can change the beneficiary to another with the death certificate of the original beneficiary as proof.
I asked about my mom's life insurance policy because I was the beneficiary through text. She responded, "Being that I am the POA, I am also the beneficiary," and she would not share anything with me. My mother is in rehabilitation right now, and I just found out that she will be released to their home soon. This means we will never see our mother again.
At this point, I don't know what to do.
Thank you
First of all you do not "get POA OVER someone". Power of attorney is conferred upon you by a competent person, called the Principal. That person asks if you would be willing to act as his/her POA, and if you are willing, you are appointed.
Secondly, NO ONE has the power to change beneficiaries on an insurance policy save the policy holder him/herself.
For a sibling who has hidden away a parent, with her children as co-conspirators, according to your accusations, you seem to "know a lot" about what has been done. I don't quite understand how that would happen.
I think that you should call APS if you suspect wrongdoing (which of course this would be if your accusations are correct). APS will visit your mother. They will assess her mentation, and whether or not she seems happy and satisfied, whether she wishes to see you, and whether the POA is keeping correct records of your mom's assets as her POA. If they suspect any wrong doing they can suggest to you that you see an elder law attorney, apply for guardianship, or they themselves can apply to the courts for a guardianship temporary or permanent in protection of your mom.
Good luck. If APS won't act you are down to seeing that attorney on your own and presenting any proof you have of all you say to that attorney in order to ask a court to oversee the records involved in your mom's care.
I have reported to APS abuse of isolation and undue influence, which eluded to possible elder financial abuse. The isolation and undue influence were not as important to them (because there was not enough proof) as elder financial abuse.
As far as being baited into a reaction, just stop taking the bait.
Is this about seeing your mom or what?