Q: Hi there. This is a Colorado question. General or durable financial POA. Thank you kindly!
Can someone in Colorado who is a financial POA with no restrictions contact the principal's insurance company to find out if the principal has paid their premiums?
A: Most likely, yes, but it does depend on the exact wording of the POA.
1 user found this answer helpful
A:
In Colorado, a general power of attorney (PAO) gives broad powers to the "agent" allowing the agent to do things on behalf of the "principal". Common tasks are financial transactions, real estate transactions, paying bills, opening mail, and signing documents. The agent only has the powers given in the POA; sometime the POA will give narrow powers (like only for paying bills) or time-limited powers (like only while the principal is out of the country). If the POA is very short and gives no limits, the power is pretty universal. However, any POA no matter how broad only allows the agent to do things that are in the best interest of the principal. The agent has to benefit the principal (or at least try) and cannot use the POA for the agent's personal gain.
Using a POA at a bank or insurance company can be difficult. Some banks and insurers want to be sure the POA is still in effect. To be sure the POA is not repealed or superseded, the bank or insurer might ask for a notarized copy of the POA with a very recent notary date. Or they might ask for a letter, signature, and notarization from the principal stating that the POA is still good. In the alternative, the agent under a POA might have better luck contacting the bank or insurance company's legal staff to assert the rights of the POA. Bypassing the front-line customer service folks might overcome the institutional resistance to recognize POAs.
Generally, yes the holder of a unrestricted POA can call the insurance company of the principal and transact any business or ask questions. If you are stuck, call an attorney that does estate planning or elder care law. Both areas of practice work with POAs and insurance companies all the time.
2 users found this answer helpful
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