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home | Legal Issues | Is This Still What You Want?
 

Is This Still What You Want?

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A few days ago I got a letter from a member of this group.  She described a really rough legal complication - and she gave  me permission to share her story:

"Please alert your readers to a situation we are now in that is NOT PLEASANT! That is, forgetting to name more than one  person as beneficiary on life insurance policies. We are having  an impossible time trying to get the funeral expenses paid because my Mom and sister died within 4 days of each other, and each left the other as beneficiary of their life insurance  policies.

"What a mess.

"The insurance companies apparently don't remind people to list  more than one beneficiary, and if the listed person dies, the  money goes to their estate.

"The problem is, there is no will."

(We add: This means both estates will probably have to be  divided up by the Court according to mandatory guidelines,  instead of as the deceased might have actually wished. And that  can be a lengthy process).

"Also, please alert people to be sure that the person they choose  to be decision-maker on the Living Will (Advanced Directive) will actually do as asked.

"Review the mental capacity of that designated person regularly.

"My Mom was unable to honor my sister's request to be allowed  to go, but Mom wouldn't give up her authority to the next person named. Mom was 85 years old. Her doctor wouldn't write a letter saying she was not capable of making these decisions for my sister.

"So, my sister was put on life support and artificial feeding, even though she had little hope to live a productive life or awaken from her coma.

"According to a technicality, she was NOT 'terminally ill'.

"She lingered for months on a ventilator!

"My family and I wish we had thought about all these things sooner. We are taking a closer look at our own papers now."

My correspondent is soooo right.

Life insurance is something we all tend to forget about. When you started that new job several years ago, you filled out your employer's insurance beneficiary documents on your first day. How long has it been since you gave that another thought?

What about your parents? If one of them has passed away, has the remaining parent made the necessary changes to insurance  policies?

If they are both still living, have they both included contingent beneficiaries, just in case? Are those people still alive, and are they still the preferred choices?

On Powers of Attorney for Health Care and Living Will documents - if they have designated each other as responsible party, have they also each designated an alternate, just in case?

If both parents were to be involved in an accident, for instance,  and they have designated only each other as responsible parties for decision making, you will be faced with a true dilemma.

And this isn't an age issue, so how about you, too? Back when you were young and fancy-free, did you make some decisions that might need to be changed now? Should you review this stuff right now, before something goes tragically wrong?

You betcha!

 





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