Can a spouse or caregiver sign the enrollment application? What documentation is needed if someone has power of attorney?
A spouse or caregiver can sign an enrollment application only if they qualify as an "authorized representative" under state law — meaning they're a court-appointed legal guardian, hold durable power of attorney for health care decisions, or are authorized under state surrogate consent laws. Simply being a spouse or informal caregiver is not, by itself, enough. If someone holds power of attorney, they must attest to their authority, sign (or use another approved mechanism) indicating their relationship to the beneficiary, and provide contact information, and the plan must retain that attestation as part of the enrollment record.
What the rule says
“As used in this subpart, an authorized representative is an individual who is the legal representative or otherwise legally able to act on behalf of an enrollee, as the law of the State in which the beneficiary resides may allow, in order to execute an enrollment or disenrollment request.”
“Authorized representatives may include court-appointed legal guardians, persons having durable power of attorney for health care decisions, or individuals authorized to make health care decisions under state surrogate consent laws, provided they have the authority to act for the beneficiary in this capacity.”
“Persons who assist beneficiaries in completing forms must sign the form, or through other approved mechanisms, indicate their relationship to the beneficiary.”
This is reinforced in CMS guidance, which applies to enrollment requests received on or after January 1, 2027 (and optionally to AEP enrollments effective January 1, 2027):
“When someone other than the eligible individual completes an enrollment or disenrollment request, they must:”
“1) Attest to having the authority under State law to do so;”
“2) Sign the completed form, or through other approved mechanisms, indicate their relationship to the individual; and”
“3) Provide contact information.”
“Plans must retain the record of this attestation as part of the record of the enrollment or disenrollment request.”
The excerpts do not specify a particular POA document that must be submitted; they require attestation, signature/relationship indication, and contact information as described above.
Carrier and FMO rules are often stricter than CMS rules. This tool reports what CMS sources say and is not legal advice. Enrollment guidance shown is the CY 2027 version. Regulation text reflects the CY 2027 marketing rules, which apply to marketing beginning October 1, 2026.
This answer was generated by mapdbot from the sources listed below on September 23, 2026 and checked against them. Regulation text: eCFR as of 09/15/2026. It is for licensed insurance agents, is not legal advice, and does not cover carrier or FMO rules.