Can COBRA election be made by an estate?

[J.J. Brown]

An ee was terminated at the end of April and offered COBRA. The father contacted the employer yesterday and said that after being hospitalized in the ICU for the past few weeks, the ee died yesterday. And in going through the paperwork at his son's house, the father has found the COBRA notice. Can the father elect COBRA on behalf of his son and make the necessary premium payments? It's still within the election period. Thoughts?

[J Simmons]

An ee was terminated at the end of April and offered COBRA. The father contacted the employer yesterday and said that after being hospitalized in the ICU for the past few weeks, the ee died yesterday. And in going through the paperwork at his son's house, the father has found the COBRA notice. Can the father elect COBRA on behalf of his son and make the necessary premium payments? It's still within the election period. Thoughts?

I think that the estate may do so via a court appointed personal representative for the estate of the EE. The father of the EE, by virtue of that relationship, would not have authority to act for the deceased EE.

[QDROphile]

A plan disregards any election of COBRA at its peril, even if the person who submits the election is not a legal representative of the qualified beneficiary. The courts are very practical about elections, and have even inferred elections under circumstances of incapacity.

[Chaz]

The COBRA regulations explicitly provide that, in the event of the death or incapacity of a QB, the QB's legal representative, estate, or spouse can make the COBRA election for the QB. See 54.4980B-6 Q/A-6.

[J.J. Brown]

Thank you all for your help.

[oriecat]

I'm surprised the hospital itself hadn't already looked into getting the COBRA elected.