---
kind: "section"
citation: "42 C.F.R. § 441.480"
title: "42"
number: "441.480"
heading: "Use of a representative."
url: "https://uscodex.org/cfr/42/441.480"
---

# §441.480. Use of a representative.

- (a) States may permit participants to appoint a representative to direct the provision of self-directed PAS on their behalf. The following types of representatives are permissible:
  - (1) **A minor child's parent or guardian.**
  - (2) **An individual recognized under State law to act on behalf of an incapacitated adult.**
  - (3) A State-mandated representative, after approval by CMS of the State criteria, if the participant has demonstrated, after additional counseling, information, training or assistance, the inability to self-direct PAS.
- (b) A person acting as a representative for a participant receiving self-directed PAS is prohibited from acting as a provider of self-directed PAS to the participant.

## Notes

### Source

Source: 73 FR 57881, Oct. 3, 2008, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 43 FR 45229, Sept. 29, 1978, unless otherwise noted.