---
kind: "section"
citation: "43 C.F.R. § 2569.507"
title: "43"
number: "2569.507"
heading: "What should I do if the Eligible Individual dies or becomes incapacitated during the application process?"
url: "https://uscodex.org/cfr/43/2569.507"
---

# §2569.507. What should I do if the Eligible Individual dies or becomes incapacitated during the application process?

- (a) If an Eligible Individual dies during the application process, another individual may continue the application process as a personal representative of the estate of the deceased Eligible Individual by providing to the BLM the materials described in [§ 2569.404(b)(2)](/cfr/43/2569.404.md?p=b-2).
- (b) If an Eligible Individual becomes incapacitated during the application process, another individual may continue the application process as a court-appointed guardian or conservator or as an attorney-in-fact for the Eligible Individual by providing to the BLM the materials described in § [2569.404(b)(3)](/cfr/43/2569.404.md?p=b-3) or [(4)](/cfr/43/2569.404.md?p=b-4).
- (c) If a deceased or incapacitated Eligible Individual has received a notice from the BLM that requires a response within 60 days, as described in [§ 2569.410](/cfr/43/2569.410.md), [§ 2569.501(e)](/cfr/43/2569.501.md?p=e), [§ 2569.501(h)(3)](/cfr/43/2569.501.md?p=h-3), [§ 2569.502(b)](/cfr/43/2569.502.md?p=b), or [§ 2569.503(a)](/cfr/43/2569.503.md?p=a), and no personal representative, guardian, or conservator has been appointed, or no attorney-in-fact has been designated, the individual who receives the notice, or an employee of the BIA or a Realty Service Provider, may respond to the notice in order to request that the BLM extend the 60-day period to allow for a personal representative, guardian, or conservator to be appointed. The BLM will extend a 60-day period under this [paragraph (c)](#c) for up to two years.
- (d) If the BLM has completed a Draft Plan of Survey as described in [§ 2569.501(d)](/cfr/43/2569.501.md?p=d) or a survey as described in [§ 2569.501(g)](/cfr/43/2569.501.md?p=g), and the estate of the deceased Eligible Individual does not wish to dispute the Draft Plan of Survey as described in [§ 2569.501(e)](/cfr/43/2569.501.md?p=e) or the results of the survey as described in [§ 2569.501(h)](/cfr/43/2569.501.md?p=h), then the BLM will not require a personal representative to be appointed. The BLM will continue to process the application.
- (e) Other than as provided in paragraphs [(b)](#b), [(c)](#c), and [(d)](#d) of this section, the BLM will not accept any correspondence on behalf of a deceased or incapacitated Eligible Individual from an individual who has not provided the materials described in § [2569.404(b)(2)](/cfr/43/2569.404.md?p=b-2), [(3)](/cfr/43/2569.404.md?p=b-3), or [(4)](/cfr/43/2569.404.md?p=b-4).

## Notes

### Authority

Authority: 43 U.S.C. 1629g-1(b)(2).

### Source

Source: 85 FR 75887, Nov. 27, 2020, unless otherwise noted.

### Authority

Authority: 43 U.S.C. 1629g(e).