Q&As

A member in a pension scheme has dementia. The member’s children are attorneys under a registered lasting power of attorney (LPA). The member’s wife has asked that the member’s pension now be paid into a joint account. The attorneys have been blocking this, but the member’s solicitors say the member has validly revoked the LPA and to support this they have produced a deed of revocation. If the LPA has been revoked, is there any way that the trustees of the pension scheme can take instructions from the children? Is it possible the revocation could be invalid?

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Published on LexisPSL on 14/10/2019

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • A member in a pension scheme has dementia. The member’s children are attorneys under a registered lasting power of attorney (LPA). The member’s wife has asked that the member’s pension now be paid into a joint account. The attorneys have been blocking this, but the member’s solicitors say the member has validly revoked the LPA and to support this they have produced a deed of revocation. If the LPA has been revoked, is there any way that the trustees of the pension scheme can take instructions from the children? Is it possible the revocation could be invalid?

The trustees of the pension scheme will be governed by the trust deed and rules of the scheme.

The pension trust will require the trustees to pay any pension benefits to which the member is entitled during his lifetime to the member.

We assume that the member has fully lost mental capacity as a result of the member’s dementia and there are no periods when the member is able to make his own decisions.

We also assume that the member has begun drawing the member’s pension benefits.

The member could, if they have sufficient mental capacity, direct the pension scheme trustees to pay the member’s annuity or other pension entitlement to whichever account that they specify, which may be a joint account held by them and another or which may be an account in a third party’s name. It may be appropriate for the trustees to take legal and other advice before following any such direction, to avoid a breach of trust or a claim and a claim which may result in personal liability.

In the case of a member who has lost mental capacity and that

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