To act in place of the individual in the eligibility process, the authorized representative (AR) must be all of the following:

. an adult;

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

. must be a person 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 client or AR. If an AR notifies DHHS that the AR no longer wishes to continue as a client's AR, notify the client before terminating the AR.

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

References: He-W 601.01(w), He-W 603.01