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

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

David A. Pratt (Contact Author)

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States
518-472-5870 (Phone)

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