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If a person has an agent with durable power of attorney for finances, the applicant or member does not need to separately appoint them as an authorized representative. The durable power of attorney for finances appointment grants them the powers that an authorized representative would have on the BadgerCare Plus case. The agent with durable power of attorney for finances should be familiar with the applicant or member’s household situation and is expected to fulfill their responsibilities to the same extent as the person being represented. The agent with durable power of attorney for finances can take any action on the application or case on behalf of the applicant or member unless the power of attorney appointment limits their powers. See SECTION 9.9.5 POWER OF ATTORNEY, GUARDIANSHIP, OR CONSERVATOR for information on verification requirements. See SECTION 25.5 VALID SIGNATURE for information on valid application signatures by an agent with power of attorney. This page last updated in Release Number: 24-01 Release Date: 04/03/2024 Effective Date: 04/03/2024 34.4 Patient's Representatives Certain family members and "next of kin" may consent to an incapacitated individual's admission to a nursing home or community-based residential facility directly from a hospital without requiring a petition for guardianship or protective placement, if all of the following apply: • The incapacitated individual does not have a valid power of attorney (POA) for health care. • The incapacitated individual has not been adjudicated incompetent in this state, i.e., a court has not appointed a guardian. • No person who is listed in the same order of priority, or higher priority, disagrees with the proposed admission. • No person in any level of priority who lives with the incapacitated individual disagrees with the proposed admission, unless the person consenting also resides with, or is the spouse or domestic partner of, the incapacitated individual. • The incapacitated individual is not diagnosed as developmentally disabled or as having a mental illness at the time of the proposed admission. • The incapacitated individual does not verbally object to or otherwise actively protest the admission. (If the individual makes an objection or protest, they may be admitted to the facility, but the facility must notify Adult Protective Services for the appropriate county.) A patient's representative could be, in order of priority, one of the following individuals: 1. A spouse or domestic partner 2. Adult child 3. Parent 4. Adult sibling 5. Grandparent 6. Adult grandchild 7. Adult close friend A physician and one advanced practice clinician must complete a Medical Certification of Capacity for Determining a Patient's Representative Authority to Act (F-03435). The patient's representative must