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finances and property) is considered to have power of attorney for the purpose of providing a valid signature on the application. An agent with power of attorney for health care is not considered to have power of attorney for the purpose of providing a valid signature on the application.
When a submitted application is signed by someone claiming to be the applicant’s agent with activated durable power of attorney for finances, the IM agency must do both of the following: • Obtain a copy of the document the applicant used to designate the signer of the application as an agent with durable power of attorney for finances. • Review the document to confirm that the power of attorney for finances authority does not end if the applicant becomes incapacitated (i.e., the power of attorney is durable). The application is not properly signed unless both of the above conditions are met. An individual's agent with activated durable power of attorney for finances may appoint an authorized representative for purposes of making a health care application, if authorized by the document used to designate the agent.
The document used to designate the agent with durable power of attorney for finances will specify what authority is granted. The appointment of an agent with durable power of attorney for finances does not prevent an individual from filing their own application for Medicaid, nor does it prevent the individual from granting authority to someone else to apply for public assistance on their behalf. 5. A superintendent of a state mental health institute or center for the developmentally disabled 6. A warden or warden's designee A warden or warden's designee for an inmate of a state correctional institution who is a hospital inpatient for more than 24 hours. 7. The superintendent of a county psychiatric institution The superintendent of a county psychiatric institution may sign an application for a resident of the institution provided that the county social or human services director has delegated to them (in writing) the authority to sign and witness applications for residents of the institution. The IM agency must retain copy of this written authorization. The social or human services director may end the delegation when there is reason to believe that the delegated authority is not being carried out properly. 8. Patient’s Representative (Wis. Stat. § 50.06) A patient’s representative is an individual under Wis. Stat. § 50.06 who may consent to an incapacitated individual’s admission to a nursing home or community-based residential facility from a hospital. A patient’s representative can make health care decisions to the same extent as a guardian of the person and enroll an incapacitated individual in Medicaid and authorize expenditures related to health care to the same extent as a guardian of the estate.
The authority of a patient’s representative ends if any of the following occurs: • A court appoints a guardian to make decisions for the incapacitated individual • The incapacitated individual is discharged to a setting that is not a facility • A health care power of attorney that was not identified earlier is identified • The individual is determined to be no longer incapacitated When an application is signed by someone claiming to be a patient’s representative, the IM agency does both of the following: