Board withholds payment in Gilmore-Moses death-benefit matter over nonconforming power of attorney

During the Dec. 10 meeting trustees reviewed the Gilmore-Moses death-benefit file and were told multiple successive powers of attorney submitted by the claimant's counsel did not satisfy the statutory notarial-certificate requirements. General counsel told the board staff had repeatedly requested a properly notarized power of attorney and had not yet received it; the plan therefore would not proceed with releasing funds.

General counsel summarized the exchange: trustees asked for evidence of valid notarization and documentation authorizing a notary to sign on the claimant's behalf. Counsel said the board needed either compliant notarization, a court-appointed guardian or other court documentation before disbursing funds. "We still don't have a power of attorney that meets the notarial certificate requirements pursuant to what they're stating his physical and mental state is," counsel said. Trustees discussed potential guardianship avenues but agreed the plan would not sign off until a valid document was produced.

Why it matters: the board is charged with protecting plan assets and must ensure statutory prerequisites are met before distributing benefits; failing to follow statutory notarization requirements can expose the plan to liability if funds are released improperly.

Next steps: staff and counsel will await compliant documentation from the claimant's counsel or, if necessary, seek court resolution; the file remains open.