[Question Concerning Mentally Incapacitated Annuitants Under Survivor Benefit Plan]

A Marine Corps disbursing officer requested a decision as to whether he should pay an agent of a mentally incompetent Survivor Benefit Plan annuitant. The annuitant appointed the agent under a power of attorney. The agent noted that the applicable state law allowed a power of attorney to remain effective in the event of the assignor's incapacitation. GAO held that: (1) plan annuities may only be paid to court-appointed representatives of mentally incompetent annuitants; and (2) the Marine Corps should not pay benefits to the agent since she was not court-appointed. Accordingly, the Corps should not pay benefits to the annuitant's agent.