Individual With Appointed Legal Guardian Disqualified From Personal Care Attendant Program
08/19/08
Disabled individual claimed that because he could direct his own care by nonverbally indicating his wishes, such as taking a person into the kitchen when he is hungry. Missouri Department of Health and Senior Services determined individual non eligible for consumer-directed personal assistance services because individual does not meet 2006 statutory requirements for eligibility because individual had a legal guardian, which prohibited individual as a matter of law from directing his own care. Under the statute, only “consumer” is eligible for program. “’Consumer’ does not include any individual with a legal limitation of his or her ability to make decisions, including the appointment of a guardian or conservator . . .” R.S.Mo. 208.900(1)
Lowe v. Department of Social Services, Docket No. WD69057 (Mo.Ct.App.W.D. August 19, 2008).
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