Focus On… Powers of Attorney and Retirement Plans
Journal of Pension Benefits 3, Vol. 25, no. 2, Forthcoming
10 Pages Posted: 1 Nov 2018
Date Written: October 10, 2018
Abstract
Increasing longevity carries with it the risk that a retirement plan participant or beneficiary may lose decision-making capacity and may cease to be able to manage, or plan for the investment or distribution of, his or her benefits under a retirement plan. This article discusses the extent to which an ERISA plan may safely act on the instructions of an agent under a power of attorney, given the lack of guidance in ERISA itself or the regulations there under.
Keywords: ERISA, Retirement Plan, Beneficiary, Benefits
Suggested Citation: Suggested Citation
Pratt, David A., Focus On… Powers of Attorney and Retirement Plans (October 10, 2018). Journal of Pension Benefits 3, Vol. 25, no. 2, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3264085
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