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The guardian or conservator 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 guardian or conservator can take any action on the application or case on behalf of the applicant or member unless the guardianship or conservatorship court order limits their powers. Applicant and member notices and other communications from the agency will be sent to the legal guardian or conservator. See SECTION 20.3.7 POWER OF ATTORNEY, GUARDIANSHIP, OR CONSERVATOR for information on verification requirements. See SECTION 2.5 VALID SIGNATURE for information on valid application signatures by guardians or conservators. 22.5.5 Power of Attorney A person may grant power of attorney to an agent. An agent with power of attorney may act within the scope of authority granted in the power of attorney appointment. An agent with durable power of attorney for finances is a person to whom the applicant has given power of attorney authority and agrees that the authority will continue even if the applicant later becomes disabled or otherwise incapacitated. Only an agent with durable power of attorney for finances (may also be known as a durable power of attorney for finances and property) is considered to have power of attorney for Medicaid purposes. 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 Medicaid 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 20.3.7 POWER OF ATTORNEY, GUARDIANSHIP, OR CONSERVATOR for information on verification requirements. See SECTION 2.5 VALID SIGNATURE for information on valid application signatures by an agent with power of attorney. 22.5.6 Patient's Representative 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.