1. (a) Adjudicated incompetency. When the applicant is adjudicated incompetent, the Department will accept the court-appointed guardian as an authorized agent for the purpose of initiating an application on behalf of the applicant.

2. (b) Incapacity. If the applicant is incapable of filing an application on his own behalf, the Department will 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 application:

   1. (1) A close relative by blood or marriage, such as a parent, spouse, son, daughter, brother or sister.
   2. (2) A representative payee designated by the Social Security Administraton.
   3. (3) 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.

Source

The provisions of this § 22.34 adopted June 15, 1984, effective June 16, 1984, 14 Pa.B. 2109; amended December 14, 1990, effective December 15, 1990, 20 Pa.B. 6143. Immediately preceding text appears at serial pages (96830) to (96831).

Cross References

This section cited in 6 Pa. Code § 22.43 (relating to authorized agent).