Pensions and Lasting Power of Attorney LPA
Written on 10/08/2018

Pensions and LPA IFA’s have responsibilities under the Mental Capacity Act 2005, as do other professionals such as solicitors.

In a nutshell, if you judge that an individual has, shall we say, “mental health issues”, you shouldn’t act.

Which is why IFAC insist that any client in drawdown should always be asked in the fact find about a Lasting Power of Attorney.

Arguably everyone should probably have one of these anyway, but it is particularly important for drawdown.

Trustees of your SIPP must have someone to take instructions from should the holder lose mental capacity.

And now you can envisage situations where all sorts of problems could come about - income payments could cease if the trustees became aware of problems.

the pension expert is why not ask him?

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