Person exercising power of attorney can designate representative to assist in Medicaid matters

The central issue with this Petition for Direct Appeal concerned whether a Medicaid applicant’s daughter, who had power of attorney (POA), could designate the retirement home to assist her mother with Medicaid matters, including the filing of a fair-hearing request.  The State Medicaid agency argued a person with a POA cannot make this type of designation on behalf of a Medicaid applicant.  The Court disagreed and ultimately found that an agent with POA powers may exercise “any and all rights” that a Medicaid applicant has under federal law, including the right to designate an “authorized representative.”