POA being too old? Update in replies

[quesyrah]

Hey all- I have been settling my dad's estate after his death in March. I was in the middle of filling out claim forms on behalf of my mom when she died last week.

I've run into an issue with the life insurance claim. I filed it on behalf of my mom using my DPOA because she had dementia. They are saying the POA is too old. It was done in 2009 and they say that it's more than 5 years old which may make it no longer valid.

I'll be contacting the attorney who did their will and trust as soon as he's back from vacation, but in the meantime I'm just curious if anyone else has any experience with this?

[tacokick]

I’m sorry you have to deal with all this!

My dad’s lawyer said to get it done every five years so that sounds right. I think the idea is that you are supposed to be revisiting the person’s wishes periodically but it is tricky if that person hasn’t been well for years or is now too poorly to have a new one drawn up. He said that most places should take an “old” one but it varies. All of this stuff is way more of a pain than you’d think.

Since your mother is gone as well, this might just roll into her estate since it wasn’t fully filed before her death. Had you filed any of it with the “old” POA? If so, I’d push back why they accepted it then and are balking now.

[konapoppy]

No advice, just wanted to say I am so sorry for your losses.

[quesyrah]

tacokick , My mom dying in the middle of settling my dad's estate definitely threw things for a loop! Everything has been quite the process.

When I learned that you should renew them every 5 years, I immediately called MIL so that she can update hers. 

[quesyrah]

Jul 5, 2022 20:39:47 GMT -5 konapoppy said:

No advice, just wanted to say I am so sorry for your losses.

Thank you.

[ohgillian]

I’m so sorry. Estate settling is so tedious, on top of the loss of both parents. It’s just — like a whole additional part time job. While you’re grieving. Sending good vibes.

[sadlebred]

I am very sorry for your loss.

[tacokick]

Jul 5, 2022 20:42:24 GMT -5 quesyrah said:

tacokick , My mom dying in the middle of settling my dad's estate definitely threw things for a loop! Everything has been quite the process.

When I learned that you should renew them every 5 years, I immediately called MIL so that she can update hers. 

I bet. I had no idea how tedious that sort of thing was even if the person had things in order until my mom died. It’s a lot.

I’m really sorry for your losses and having to deal with all of this at once. Your local office that deals with estates/wills might be helpful and have some (free) tips about dealing with both at once. I hate to say it but I’d think this has happened a lot more than usual the last couple years so they might be more familiar with it than the lawyer who would deal with fewer people each year. Just a thought!

[CrazyLucky]

I'm sorry for what you are going through. I just lost my mom and if my dad dies in the next few months, I'll be a shell. I hope you are able to straighten it out.

[madringal]

I am so sorry for your losses. I think the POA being too old may be a moot point now. POA's typically end when the person passes away. I would make a claim on behalf of her estate.

[fryjack2]

I don't know the answer, but I'm sorry to read about your parents. Hope you are hanging in there.

[tacokick]

Jul 6, 2022 11:14:59 GMT -5 madringal said:

I am so sorry for your losses. I think the POA being too old may be a moot point now. POA's typically end when the person passes away. I would make a claim on behalf of her estate.

I could be wrong but I think the problem is that she filed something using her POA while her mother was still alive.


I do think it will roll over to her estate and it would make sense to make a claim that way but it will probably mean some backtracking and starting a new/different claim if the claim never went through.

[quesyrah]

Jul 6, 2022 15:22:50 GMT -5 tacokick said:

Jul 6, 2022 11:14:59 GMT -5 madringal said:

I am so sorry for your losses. I think the POA being too old may be a moot point now. POA's typically end when the person passes away. I would make a claim on behalf of her estate.

I could be wrong but I think the problem is that she filed something using her POA while her mother was still alive.


I do think it will roll over to her estate and it would make sense to make a claim that way but it will probably mean some backtracking and starting a new/different claim if the claim never went through.

Yes, this is the problem.

I’m waiting to hear back if I need to start all over again claiming on behalf of her estate or if they’ll just finish processing the original claim.

[quesyrah]

Jul 6, 2022 11:08:30 GMT -5 CrazyLucky said:

I'm sorry for what you are going through. I just lost my mom and if my dad dies in the next few months, I'll be a shell. I hope you are able to straighten it out.

I’m so sorry.

[quesyrah]

Just to update:

They accepted some additional paperwork that I submitted so we are all good there.

I have to go through some additional steps because my mom was the sole beneficiary. So in order for my dad’s estate to get the money, I have to file some paperwork with the court. I can’t do that until 40 days after my mom’s death so we’re looking August or September before this is all finalized, but I am making progress!

One parent dying while you’re settling the other parent’s estate really mucks things up!

[tacokick]

Glad to read the update! I’m happy things are (slowly) moving along.