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appropriately. If the applicant/recipient fails to cooperate with the Authorized Representative, and the Authorized Representative is unable to obtain the required verifications needed to complete an eligibility determination, then contact should be made with the applicant/recipient to obtain verifications. Authorized representatives assume responsibility for the accuracy of the information provided. AGs who utilize an authorized representative are subject to the same disqualification penalties and possible prosecution as AGs representing themselves.

Unless there is a valid Authorized Representative form, employees of nursing facilities may not be interviewed on behalf of a resident in their facility unless the client is medically incapable of being interviewed and there is no one else to act on the client's behalf. A doctor’s statement verifying incapacitation is required in these instances.

Legal guardians and powers of attorney may apply for assistance on behalf of the applicant and must present the appropriate documents verifying their status to be interviewed. A power of attorney document must be general enough to encompass applying for assistance. If it is specific to only a certain activity, it does not suffice for application purposes and a POA crafted for the sole purpose of applying for Medicaid is not acceptable. POA invalidates upon the death of a member, and case records are unavailable unless an approved AR form is on file.4

Note: After a member passes away, the authorized representative form remains valid under the condition the POA or AR being designated on the form signed while the member was living. The chief of social services (or his/her designee) of any institution under the control of the Family and Social Services Administration may apply for assistance on behalf of patients in the institution and be interviewed. The social services staff person may apply for assistance for an individual who will remain in the facility or for whom plans are in process of moving to an alternative placement and be interviewed. The most common usage of this procedure will occur with state institutions under the supervision of the Division of Mental Health. When an application is received for a deceased applicant, the application must be processed, and an eligibility determination completed. If an interview is required, then the data gathering interview can only be completed with a verified Authorized Representative or Court appointed Personal Representative. The interview cannot be completed if a valid AR or Court appointed Personal Representative Form is not in the file nor can any information be released to an interested party that is not a verified AR or Court appointed Personal Representative.5 An interested party that has information specific to the applicant’s situation can provide required verifications including the death certificate, but the interested party’s ability to intervene begins and ends with providing documentation or verification. Each situation must be evaluated to determine, if necessary, information to complete the eligibility determination can be obtained.