Q&As

Can an attorney under a registered lasting powers of attorney for property and financial affairs ask trustees of the donor's Self-Invested Personal Pension to pay money out?

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Published on LexisPSL on 14/04/2021

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

  • Can an attorney under a registered lasting powers of attorney for property and financial affairs ask trustees of the donor's Self-Invested Personal Pension to pay money out?

You have asked: Can an attorney under a registered lasting powers of attorney for property and financial affairs ask trustees of the donor's Self-Invested Personal Pension to pay money out?

We have assumed that the lasting power of attorney (LPA) is a valid, registered LPA for property and financial affairs.

A LPA for Property and Financial Affairs authorises the attorney to make decisions about anything relating to the individual's property and financial affairs, including their pension savings. For further guidance, see Practice Note: LPAs—the attorney's duties and powers.

A LPA attorney will therefore generally have authority to deal with the donor’s pensions, although the following points should be borne in mind:

  1. the attorney should carefully check section 7 of the LPA form to ensure there are not a

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