California Department of Social Services - State Hearings Division
Notes from the Training Bureau - December 10, 2002

This ACWDL rescinds the following ACWDLs regarding authorized representatives for incompetent applicants: ACWDL 95-30, 95-60, 96-20, 97-01 and 02-28. Previously, ACWDLs 93-84 and 94-99 had been rescinded. ACWDL 94-62 has not been rescinded.

The DHS will issue a new ACWDL that provides new guidance and examples on the subject of authorized representatives and incompetent applicants and beneficiaries. In the interim, this ACWDL suggests that counties follow Title 22 CCR §50163(a)(3)(B) in situations where the applicant is incompetent and has no spouse, conservator, guardian or executor. That section does not require that a person filing an application on behalf of an incompetent person have prior knowledge of that person's circumstances.

Note: While this ACWDL does not mention ACWDL 94-62, that ACWDL may be helpful in circumstances involving an incompetent applicant.