111.01 AR Acting in Place of the Individual (AAM)

_____________________________________________________________

In order to act in place of the individual in the eligibility process, the Authorized Representative’s (AR) must be all of the following:

·         An adult or agency;

·         Designated as the AR in writing using BFA Form 778, Authorized Representative Declaration. The individual who chooses an AR must complete all sections of BFA Form 778; and

·         Must be a person or agency who has:

-    expressed concern for the individual's well-being;

-    sufficient knowledge about the individual's circumstances to assist in the application for and/or the continuation of assistance; and

-    the capability of obtaining information about the individual's circumstances.

The right of an individual to act as an AR for an applicant or recipient may not be terminated by DHHS for any reason except at the request of the individual or AR. If an AR notifies DHHS that they no longer wish to continue as the individual’s AR, notify the individual before terminating the AR.

If DHHS establishes that an AR is not acting in the best interests of the individual, notify the individual of the circumstances so that they may make an informed decision regarding the continuation of the individual as an AR.

References: He-W 601.01; He-W 603.01; 45 CFR 206.10(a)(1)(iii)

Editorial Revisions Made: 11/2023