State of Wisconsin Department of Health Services

Release 24-02 August 22, 2024

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3.22.1 Designated Representatives

 

A FoodShare applicant or household may appoint a designated representative to assist them or act on their behalf. When a designated representative acts on behalf of a FoodShare household they are responsible for providing complete and correct information. A valid designated representative can complete the same actions as an adult FoodShare member including, but not limited to, signing an application, renewal, or six-month report form (SMRF), reporting changes, or discussing case details with the local agency.  

There are several representative types.

Authorized Representative

Some applicants and prospective applicants may indicate difficulty completing the application process. The local agency must inform them that a non-food unit member may be designated as the authorized representative for application processing purposes. This authorized representative may also carry out food unit responsibilities during the certification period, such as reporting changes in the food unit’s circumstances. They can also register the food unit for work (see SECTION 3.16.1.4 REGISTERING FOR WORK). Authorized representatives are not the same as an authorized buyer or alternate payee (see SECTION 7.2.1.2 AUTHORIZED BUYERS AND ALTERNATE PAYEES). 

An authorized representative can be either a non-food unit individual person or an organization. They may be designated as an authorized representative for the food unit provided: 

1. They are an adult who is sufficiently aware of the relevant food unit’s circumstances. 
2. The authorized representative designation has been made in writing by the primary person, spouse, or another responsible adult member of the food unit. 
   1. The authorized representative designation may be made in ACCESS at application or renewal or by completing the paper Appoint, Change, or Remove an Authorized Representative form (F-10126A for an individual or F-10126B for an organization) 
3. Their identity and that of the primary person’s has been verified.

The designation of a representative also requires a signature from a witness. An individual declared incompetent by a court cannot act as a witness for a signature.

The following groups may not serve as authorized representatives:

• Individuals who are disqualified for an Intentional Program Violation (IPV) (see SECTION 3.14.1 INTENTIONAL PROGRAM VIOLATION (IPV) DISQUALIFICATION) cannot serve as authorized representatives during the disqualification period, unless the agency has determined that no one else is available to serve as an authorized representative.
• Homeless meal providers may not act as an authorized representative for a homeless food unit.
• Agency employees who are involved in the certification process or issuance process may not act as an authorized representative. Special written approval may be granted by the State of Wisconsin in extenuating circumstances.
• Retailers who are authorized to accept FoodShare benefits may not act as an authorized representative, with the exception of some group living facilities (see SECTION 3.2.1.6 GROUP LIVING ARRANGEMENT).
• The authorized representative cannot also be an authorized buyer.

Residents of drug addiction or alcoholic treatment and rehabilitation programs that are certified as authorized retailers by the Food and Nutrition Service (FNSFood and Nutrition Service) or authorized to receive funding under part B of title XIX of the Public Health Service Act (42 U.S.C 300x et seq), which supports block grants for substance abuse prevention and treatment, must apply and be certified for FoodShare eligibility using an authorized representative. The drug addiction or alcoholic treatment and rehabilitation program must employ an individual to be the authorized representative.

A residential group living facility must employ an individual to act as an authorized representative for applicants or members. Residents have the option to apply and be certified using an authorized representative from the facility or using someone outside of the facility. For additional information regarding these housing situations (see SECTION 3.2.1.6 GROUP LIVING ARRANGEMENT).

Drug and alcohol treatment centers and the heads of group living arrangements, acting as authorized representatives for their residents, that intentionally misrepresent food unit circumstances may be prosecuted under applicable federal and state statutes. When the member is discharged from a residential treatment program, the facility-authorized representative must be removed from the member’s case. For additional information (see SECTION 3.2.1.8 DRUG AND ALCOHOL TREATMENT CENTERS).

If the state agency determines that any authorized representative has knowingly provided false information about a food unit’s circumstances or has made improper use of FoodShare benefits, it may disqualify that person from being an authorized representative for up to one year.

Note	Applicants or members that have a court-appointed guardian, conservator, or power of attorney due to incompetency do not need to designate an Authorized Representative. The court-appointed guardian is the authorized representative. The guardian must submit a Letter(s) of Guardianship.

Guardians and Conservators

Individuals or interested parties may petition a court to appoint a guardian or conservator. There are a variety of reasons that an appointment may be sought including but not limited to:

• Inability to manage finances
• Inability to manage personal health
• Inability to function safely without supervision
• Parent or guardian of a minor is now deceased

Each appointment is unique, and a judge granting the guardian or conservator powers based on the circumstances of the individual. 

Appointments might be for an emergency or temporary reason, or for the purposes of succession after the death of the previous guardian or conservator.

Depending on court-appointed powers, a guardian or conservator can apply for, and act in, the same capacity as an authorized representative for the household. Some court-appointed powers give the guardian or conservator sole authority to manage the individual’s eligibility. When the powers granted by the court include applying for or managing public assistance benefits, it is not required to also appoint a guardian or conservator as an authorized representative.  

Guardians of children living in the same household as the child must be in the same assistance group. If the legal guardian and the child live in different households, they should be in separate assistance groups. To learn more about FoodShare relationship rules (see FoodShare Handbook 3.3.1.1 HUG (Households, Units, and Groups) ). 

Powers of Attorney

A person may appoint a power of attorney (POA). A POA acts within the scope of authority granted in the power of attorney appointment.

When the powers of attorney relate to personal and family maintenance or public assistance program benefits, the POA can act on behalf of the household without being appointed as an authorized representative. An exception is if the powers of attorney specifically forbids applying for or managing household eligibility for public assistance programs. Review any limitations on their powers, as public benefit management may be reserved for the individual.

When the power of attorney appointment includes “durable” in its title, the appointment remains valid when the individual becomes incapacitated.

Notices

Legal guardians and powers of attorney will receive notices instead of the FoodShare household. Conservators will not receive notices unless they request to receive copies of notices.
 

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Publication Number: P-16001