The applicant estate trustee sought a declaration that a life insurance beneficiary designation was invalid, arguing that an attorney for property cannot make a testamentary disposition.
The deceased policyholder, who was mentally competent but physically disabled by multiple sclerosis, had directed his attorney for property to change the beneficiary designation.
The court dismissed the application, finding that the attorney acted as an amanuensis or agent (by procuration) rather than a substitute decision-maker.
The court held that the change was a valid declaration under the Insurance Act, and the newly designated beneficiaries were entitled to the proceeds.
