Asked in Estate Planning for Ohio

Q: POA for my mom

My mom has been in and out of nursing homes and been paralyzed with a stroke and can not speak or understand, just this week I had to put her into hospice and she has gerber life insurance that I have been paying for her incase if something happens, The nursing home has tried the POA thing and told me that its not worth it because she does not understand anything because she is incoherent. So I called gerber and explained to them she is in hospice and they need POA papers.

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2 Lawyer Answers
Mark Martin Turner
Mark Martin Turner
Answered
  • Estate Planning Lawyer
  • Cleveland Heights, OH
  • Licensed in Ohio

A: If your mother is not mentally competent, she will not be able to sign any POA. From your description, I believe this is the case. If she is in Hospice, my sympathies, I would continue to pay the premiums on the policy. When she passes, you will be able to make a claim on the policy by providing Gerber with the death certificate. If you are the benificiary, the policy will be paid to you. I hope this helps.

Nicholas P. Weiss agrees with this answer

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Estate Planning Lawyer
  • Cleveland Heights, OH
  • Licensed in Ohio

A: Agree with Mark Turner's answer. I would add that if you need to make decisions for her then I would recommend that you pursue a guardianship to take care of her and her finances.

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