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MISSISSIPPI DIVISION OF MEDICAID Eligibility Policy and Procedures Manual CHAPTER 102 – Non-Financial Requirements Page |10 Effective Date: January 2019 individual is residing in an institution in that state. However, if a legal guardian has been appointed and parental rights have been terminated, the state of residence of the guardian is used instead of the parents; or • The state of residence of the individual or party that files an application if the individual: (1) Has been abandoned by his parent(s), (2) Does not have a legal guardian and (3) Is residing in an institution in that state. 102.03.07 DETERMINATION OF RESIDENCY (AGE 21AND OLDER) Use the instructions in this section to determine residency for individuals ages 21 and older. Not in an Institution The state of residence is where the individual is living with the intent to remain there permanently or for an indefinite period, or the state where the individual is living because the individual had a job commitment or is seeking employment, either currently employed or not. If the individual is incapable of stating intent, the state of residence is where the individual is living. In an Institution and Became Incapable of Stating Intent before Age 21 The state of residence is: • The state of residence of the parent who is applying for Medicaid on the individual's behalf. If a legal guardian has been appointed and parental rights have been terminated, the state of residence of the legal guardian is used instead of the parent. • The state of residence of the parent at the time of placement. If a legal guardian has been appointed and parental rights have been terminated, the state of residence of the guardian is used instead of the parents. • The current state of residence of the parent or legal guardian who files the application, if the individual is residing in an institution in that state. If a legal guardian has been appointed and parental rights have been terminated, the state of residence of the guardian is used instead of the parents.