- (a) A representative means a person designated by an individual, by law, or by the court system to represent the individual in any matter pertaining to a request for or receipt of rehabilitation services.
(b) Types of representation of the individual may include:
(1)
- (A) Parent or parents.
- (B) For minors under eighteen (18) years of age, as long as there are no other court appointed representatives or a legal emancipation, the parent has the right to make decisions regarding the minor’s education, health care, and religion, among other things;
(2)
- (A) Legal guardian.
- (B) A legal guardian is appointed by the court to make the personal decisions of a protected person or “ward”.
- (C) The guardian has the authority to make decisions on behalf of the protected person about such things as where to live, medical decisions, training and education, etc.
- (D) A ward who has a legal guardian has been determined by the courts to have:
(i) A lack of sufficient understanding or capacity to make or communicate responsible personal decisions; and
- (ii) An inability to meet personal needs for:
- (a) (a) Medical care;
(b) (b) Nutrition;
(c) (c) Clothing;
- (d) (d) Shelter; or
(e) (e) Safety;
(3)
- (A) Conservator.
- (B) A conservator is appointed to make financial decisions for the protected person or “conservatee”.
- (C) The conservator typically has the power to enter into contracts, pay bills, invest assets, and perform other financial functions for the protected person.
- (D) Conservatees have had conservators appointed for them because they lack similar capacity and have demonstrated an inability to make decisions regarding their financial affairs or estate;
(4)
- (A) Power of attorney.
- (B) A power of attorney is written permission for someone to take care of property or money matters for the individual, in whatever way they want.
- (C) With power of attorney, the individual can still act for themselves and they cannot be forced to do anything they do not agree to.
- (D) An individual can give the power of attorney the ability to sign papers about property and money matters; and
(5)
- (A) Designated representative.
- (B) An individual who is eighteen (18) years of age or older can designate a representative to represent the individual in any matter pertaining to a request for or receipt of rehabilitation services.
(C) The designated representative must be a person designated by an individual in writing, and only one (1) representative can be designated at one (1) time.
- (c)
- (1) All signature requirements placed on an individual are satisfied by the signature of an individual's representative.
- (2) The individual is encouraged to also sign official documents to the extent possible, as this is the individual’s vocational rehabilitation program, regardless of representation.
(3) All written notices that must be provided to an individual must also be provided to the individual's legal representative.
- (d) Documentation must be kept in the file showing the representation, including guardianship and conservatorship documentation.
- (e) Legal representatives do not require a release of information so long as they are actively designated to represent the individual.