PURPOSE: This rule sets forth individuals who are eligible to act as an authorized agent for the purpose of submitting an application on behalf of an eligible senior.

1. (1) When an applicant is adjudicated incompetent, the third-party administrator shall accept the court-appointed guardian as an authorized agent for the purpose of initiating an application on behalf of the applicant.

2. (2) If an applicant is incapable of submitting an application on his or her own behalf, the third-party administrator shall accept one of the following persons designated by the applicant, listed in the order of priority, as an authorized agent for the purpose of initiating the application if a power of attorney or agent’s affidavit of authority accompanies the applicant:

   1. (A) A close relative by blood or marriage, such as a parent, spouse, son, daughter, brother, or sister;
   2. (B) A representative payee designated by the Social Security Administration; or
   3. (C) A representative of a public/private social service agency, of which the applicant is a client, who has been designated by the agency to so act.

AUTHORITY: section 208.553.3(5), RSMo Supp. 2001.* Emergency rule filed Jan. 16, 2002, effective March 1, 2002, expired Aug. 27, 2002. Original rule filed Jan. 16, 2002, effective Aug. 30, 2002. *Original authority: 208.553, RSMo 2001.