borcaphive Asked March 2012
Can a surviving spouse stop a death benefit claim naming others as beneficiaries?
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Our aunt-in-law passed away and we found a life insurance policy naming my husband, myself, and their down's syndrome adult daughter equal beneficiaries. Her husband, our uncle, is incensed by this and has refused to sign the HIPPA forms for the insurance company to contact his wife's primary care physician. Can he actually prevent this claim from being paid out? We are co-POA's for him, and my husband is the Trustee of his Irrevocable Trust. I am his Health Care Proxy. He is becoming more and more unreasonable and difficult to deal with, going as far as accusing us of taking title to his condo (it has been signed over to his Trust).
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As POA, I would think that you could sign the HIPPA waiver. I wonder what the insurance company needs to talk to her doctor about? Isn't a death certificate all they need? How do they talk to doctors when there is no surviving spouse, of the beneficiary and only relative is incapacitated, like the adult daughter in this situation? I am pretty sure the insurance company cannot get out of paying legitimate benefits because of lack of signature from a non-beneficiary. They have to have contingency procedures. Ask the insurance representative. Uncle is not signing the forms. Now what?