Page 327

22.5.3 Community Spouse as Representative In Spousal Impoverishment cases, when a Community Spouse cooperates with providing their signature at application and/or renewal (see SECTION 2.5.3 SPOUSAL IMPOVERISHMENT MEDICAID SIGNATURES), the Community Spouse can act on the applicant’s/member’s behalf without requiring the completion of the Appoint, Change, or Remove an Authorized Representative form (F-10126A). The act of signing the application/renewal allows the Community Spouse to do the following on the applicant’s/member’s behalf: • Provide information for the member’s application and/or renewal • Report changes in the applicant’s/member’s circumstances or demographic information • Receive copies of the applicant’s/member’s notices and other communication from the agency • Work with the IM agency on any benefit related matters • File grievances or appeals regarding the applicant’s/member’s eligibility Note: In Spousal Impoverishment cases, the applicant or member’s signature and the community spouse’s signature are both required at application and renewal. 22.5.4 Legal Guardians and Conservators Persons or interested parties may petition a court to appoint a guardian or conservator. There are a variety of reasons that an appointment may be sought including but not limited to: • Inability to manage finances • Inability to manage personal health • Inability to function safely without supervision • Parent or guardian of minor is now deceased Some of these appointments might be an emergency or temporary reason, or for the purposes of succession after the death of the previous guardian or conservator. A judge grants the guardian or conservator powers based on the circumstances of the person. A guardian of the person and the estate or a guardian of the estate is considered to be the applicant or member’s guardian for Medicaid purposes. A guardian of the person is the applicant’s or member’s legal guardian for Medicaid purposes only if the court document appointing the legal guardian of the person includes language granting them the authority to enroll the person in Medicaid or public assistance programs. If a person or entity is one of these guardian types or the conservator, the applicant or member does not need to separately appoint them as the authorized representative. The legal guardian or conservator appointment grants them the powers that an authorized representative would have on the Medicaid case. If the court document appointing the guardian of the person does not grant the authority to enroll the applicant or member in Medicaid public assistance programs, the applicant or member must appoint the guardian of the person as an authorized representative if the applicant or member would like the guardian of the person to act on their behalf. Depending on their court appointed powers, a guardian or conservator can apply for and act in the same capacity as an authorized representative for the household. It is possible the court appointed powers will give the guardian or conservator sole authority to manage the person’s eligibility.