(a) A court order can authorize an agent to conduct business with the TSP on behalf of an incapacitated participant or beneficiary. The agent is called a guardian or conservator and the incapacitated person is called a ward. The TSP must approve a court order before an agent can conduct business with the TSP; however, the TSP will accept a document that was signed by the agent before the TSP approved the court order. The TSP will approve a court order appointing an agent if the following conditions are met:
(1) A court of competent jurisdiction (as defined at 5 CFR 1690.1) must have issued the court order;
(2) The court order must give the agent either general or specific powers, as explained in paragraphs (b) and (c) of this section;
(3) The agent must satisfy the TSP that he or she meets any precondition specified in the court order, such as a bonding requirement;
(4) The court order must be submitted to the TSP record keeper for approval.
(b) General grant of authority. A general grant of authority gives a guardian or conservator unlimited authority to conduct business with the TSP, including the authority to sign any TSP-related document. By way of example, an order gives a general grant authority by appointing a ``guardian of the ward's estate,'' by permitting a guardian to ``conduct business transactions'' for the ward, or by authorizing a guardian to care for the ward's ``personal property'' or ``Federal Government retirement benefits.''
(c) Specific grant of authority. A specific grant of authority gives a guardian or conservator authority to conduct specific TSP transactions. Such an order must expressly describe the authority it grants. By way of example, an order may authorize an agent to ``obtain information about the ward's TSP account'' or ``borrow or withdraw funds from the ward's TSP account.'' [69 FR 29852, May 26, 2004]