incapacitated participant

[Guest Jon G.]

We have a situation where a participant unfortunately has late-stage cervical cancer. She is not able to hear, comprehend or communicate in any way according to her doctor. She is unmarried. She has a sister who apparently had an adversarial relationship with her. Who would be the approporate person to make decisions regarding her benefits? She is eligible for early retirement and also has a death benefit. Can we accept a distribution selection form from her sister? We want to handle this the right way and wish we could communicate and satisfy the participant's wishes, but we can't find out what those wishes are. Can anyone point me in the right direction?

[JanetM]

The court would have appoint someone as her guardian/POA. If it were me, I would make the sister come up with papers showing the court has appointed her. What the plan say about someone who doesn't name a beneficiary?

[Guest Jon G.]

The Plan just states the form of benefit for an employee who doesn't elect the form of benefit payment. It doesn't say anything about a participant who doesn't elect a beneficiary.

[Guest Pensions in Paradise]

You may want to check the plan document again. I've never seen a plan which does not contain some sort of default beneficiary language.

[Guest b2kates]

how far does the plan sponsor wish to get involved.

If she is hospitalized, the dr together with the social worker would have procedures to get a guardian ad litem appointed by the appropriate court.