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B-221545 1 (1986-06-03)

handle is hein.gao/gaobadmip0001 and id is 1 raw text is: 0 THE COMPTROLLER GENERAL OKCISION . OP THE UNITED STATES WASHINGTON, 0.C. 20548 FILE: B-221545 DATE: June 3, 1986 MATTER OF: Survivor Benefit Plan--Mentally Incapacitated Annuitants DIGEST: Survivor Benefit Plan annuity payments should not be made to a mentally incapaci- tated annuitant's agent appointed under a power of attorney, notwithstanding that the validity of the power of attorney may have been preserved by operation of a state statute. The Survivor Benefit Plan is an income maintenance program for the dependents of deceased service members, entailing continuing periodic payments of indefinite duration in substantial aggre- gate amounts. Accounting officers have a duty to obtain an acquittance when pay- ments ate made under Federal law, and it is a matter of serious doubt that a good acquittance could be assured through pay- ment of Survivor Benefit Plan annuities due mentally incapacitated annuitants to anyone other than court-appointed repre- sentatives, since only such representa- tives are subject to continuing independ- ent supervision. The question presented in this matter is whether an agent appointed under a power of attorney by a Survivor Benefit Plan annuitant may receive the annuity on the basis of the appointment after the annuitant becomes mentally incapacitated, if an applicable state statute provides that the authority conferred by the power of attorney shall be exercisable notwithstanding the annuitant's incompetency.I/ 1/ This action is in response to a request for an advance decision submitted by the Disbursing Officer, Central- ized Pay Division, Marine Corps Finance Center. The request was cleared through the Department of Defense Military Pay and Allowance Committee with submission number DO-MC-1461, and forwarded here by the Fiscal Director of the Marine Corps, Headquarters United States Marine Corps.

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