For an applicant or participant who is not living in an institution and capable of declaring intent:
- If 21 years of age or older, the State of residence is the State where the applicant/participant is living and intends to remain permanently or for an indefinite period of time.
- If under 21 years of age and legally married, the State of residence is the State where the applicant/participant is living and intends to remain permanently or for an indefinite period. The applicant/participant is emancipated for purposes of residency.
- If under 21 years of age, unmarried, and living apart from their parents, the State law where the applicant/participant physically resides determines emancipation.
For an applicant or participant who is not living in an institution but is incapable of declaring intent:
- If they became incapable of declaring intent when they were 21 years of age or older, the State of residence is the State in which the applicant or participant currently is living.
- If they became incapable of declaring intent before they were 21 years of age, the State of residence is the parent’s or legal guardian’s State of residence at the time of application:
- The parent’s if there has been no termination of parental rights
- The guardian’s if a legal guardian has been appointed and parental rights have been terminated
- In cases where there is no living parent and no appointed legal guardian, the applicant/participant’s State of residence is the State in which the applicant/participant is currently living.