The representative should be the individual who normally handles the affairs of the institutionalized person. In most instances, that individual will be a relative or legal guardian. However, if neither of these individuals exist then a friend, hospital social worker, nursing home administrator, or other interested party may act on the person's behalf. Whoever decides to act on behalf of the person is considered the representative. This means that the same person who completes and signs the application and who appears for the face-to-face interview is also the person who has the responsibility of doing whatever is necessary to establish the person's eligibility. This includes, but not limited to, making home visits or other contacts necessary to obtain required facts. "Unknown" as an answer to specific questions relating to income and resources is not acceptable.
A representative is also responsible for the accuracy and completeness of the application, for reporting changes to the Local Department of Social Services (LDSS) and for establishing continuing eligibility. This responsibility continues until such time as a new representative is designated and the LDSS receives written notification of the change. An employee of a Long Term Care (LTC) facility, hospital, or other agency or organization may not routinely assume the role of a representative by merely filling out the application and mailing it to the LDSS.
While the representative is the primary source of information about the person, the LDSS must routinely accept information presented by representatives whose source of information is at best questionable.
Revised October 30, 2006
Courthouse 