Legal Question in Wills and Trusts in New Hampshire

Re: Power of attorney and heathcare proxy

I understand the stress of a situation of this type. The only way to know exactly what was done is to have an attorney examine the documents and the circumstances under which they were signed. A power of attorney may be contested in court.

Your question is not fully clear. You make reference to your father being the one making the power of attorney and you mother is the one who signed it. This confuses me.

As to insurance, the contract designates a beneficiary. Unless the beneficiary is changed, the insurance company will pay the beneficary unless there is a court challenge. In which case the insurance company will pay the money to the court and let the judge decide how it should be distributed.

Re: Power of attorney and heathcare proxy

wait to see the documents. NH has some pretty particular language which is required if a POA is to be enforceable. if they are enforceable and appear to be properly executed, you need to determine whether your father was competent when he signed them - ie perhaps his physician might confirm, (perhaps not, due to HIPAA) or you might get other evidence.

if he was competent, and they appear to be enforceable it is a much tougher row to hoe - ie was he "unduly influenced" was the execution of the documents his "free act and deed"....