Personal Care Agreement

Text (operative January 1, 2026): a transfer or gift of income or resources for less than fair market value results in a period of ineligibility for home and facility care applied under federal law, and notes, loans,…

Domestic work includes caregivers of people with disabilities and sick, convalescing or elderly persons in private households, and a domestic work employee includes live-in employees and personal attendants, but…

A domestic work employee who is a personal attendant may not work more than nine hours in a workday or 45 hours in a workweek unless paid one and one-half times the regular rate for the excess hours.

Before imposing a period of ineligibility for home and facility care, the department must consider undue hardship, which exists where denial would endanger life or health, result in eviction from a nursing home, leave…

Official DHCS instruction to counties: once asset limits return January 1, 2026, counties review transfers only when long-term care is requested;

Contract formation, interpretation and remedies text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

Unless the power says otherwise, the agent is entitled to reimbursement of expenses and to reasonable compensation. A family agent who should not be paid needs an express clause.

Connecticut Medicaid eligibility statute. Subsection (a) bars an institutionalized individual who disposed of property for less than fair market value to establish eligibility, treats such dispositions under 42 USC…

Connecticut rule that a transfer resulting in a penalty period is presumed made to obtain or maintain Medicaid eligibility, rebuttable only by clear and convincing evidence that eligibility was not a basis for it, and…

Agreements requiring a signed writing text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

The duties that survive whatever the document says: act in good faith, within the scope granted, and according to the principal's reasonable expectations or best interest, with further default duties including…

Connecticut undue hardship rule: the Commissioner may not impose a transfer penalty that would create undue hardship, which exists when the applicant's life or health would be endangered or the applicant deprived of…

Connecticut notice procedure before a transfer penalty: the Commissioner sends a preliminary notice stating that the applicant may contest the penalty by filing an undue hardship claim or by rebutting the presumption in…

Connecticut text that a transfer resulting in a penalty period creates a debt owed to the nursing home for unpaid care during the penalty, capped at the fair market value transferred, and that the nursing home may sue…

Official Department of Social Services guidance: an applicant's countable assets may not exceed $1,600, a community spouse may keep one-half of the couple's liquid assets up to the federal maximum, and excess assets may…

Delaware text that an agent under a personal power of attorney is entitled to reimbursement of reasonably incurred expenses but is not entitled to compensation unless the power of attorney so provides and the…

Delaware text providing that medical assistance may be granted to medically and financially eligible persons under Titles IV-A, IV-E, XVI and XIX of the Social Security Act, federally approved waivers and the rules of…

Delaware Administrative Code chapter for long-term care Medicaid (DSSM 20000), including categorical eligibility for nursing facility residents with income up to 250% of the SSI standard (20100.2.2), countable…

The duties an accepted agent owes regardless of what the document says, including good faith, acting within scope and according to the principal's reasonable expectations or best interest, with further default duties…

What a gift authority means, including the annual-exclusion limit that applies unless the power expands it. If the client wants broader gifting, the document must say so.

Delaware text that the chapter does not relieve anyone of a legal duty to support a parent, child or spouse, but that for medical care the financial responsibility of any individual for an applicant or recipient is…

Delaware estate recovery text: for an individual receiving long-term care from the Department, the Department seeks recovery of correctly paid medical assistance from the estate or on sale of liened property, but only…

Contract execution and scope restrictions text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

With court approval, case reviewers, visitors, attorneys, examiners, conservators, guardians ad litem and guardians are compensated from the ward's estate, or from the District's Guardianship Fund if the estate would be…

A sale or encumbrance to a conservator, the conservator's spouse, domestic partner, agent or attorney, or an entity in which the conservator has a substantial interest, and any other transaction affected by a…

Requires an agent who accepts appointment to act in good faith, within the scope of granted authority, loyally and without conflicts of interest, to keep records of transactions, to attempt to preserve the principal's…

An agent may make gifts of the principal's property only if the power of attorney expressly grants that authority, and absent a different stated limit, gifts are capped at the federal annual gift-tax exclusion amount…

Official District application (revised December 2016) for Medicaid payment of nursing facility, ICF/DD and home and community-based waiver (EPD and IDD) services.

Where a basis for protection exists, the court may, without appointing a conservator, authorize, direct or ratify a transaction to achieve a security, service or care arrangement meeting the protected individual's…

Writing requirements text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

Listed powers require separate signatures or initials plus compliance with duties and other instruments.

The duties an agent owes regardless of what the document says, including good faith, acting within scope and according to the principal's reasonable expectations, with further default duties including record-keeping.

DCF's step list for transfers by applicants for ICP, institutional hospice, HCBS or PACE: identify transfers within the look-back or after, apply the allowable-transfer passages, find fair market value, deduct…

Publishes Florida's transfer penalty divisor, the average monthly private pay nursing home rate: $10,438 effective Jan. 1, 2024 ($10,809 from Aug. 1, 2022, with earlier rates back to 2006).

DCF's asset chapter for SSI-related Medicaid (about 197,000 characters, held as a reference).

Unless the power of attorney provides otherwise, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal but is not entitled to compensation;

COMAR text of Maryland's transfer penalty. An individual who, or whose spouse, disposes of assets for less than fair market value within the look-back (60 months for disposals on or after February 6, 2006, and for trust…

An agent who has accepted appointment must act on the principal's reasonable expectations to the extent actually known and otherwise in the principal's best interest, act with care, competence and diligence, and act…

Official eligibility worksheet (revised 12/08) that case managers complete for each transfer: it first screens for exempt transfers (to or for a spouse, blind or disabled son or daughter, or unmarried child under 21;

Where a basis exists under § 13-201, the circuit court may, without appointing a guardian, authorize or direct a transaction concerning the property, service or care arrangement of a minor or disabled person, including…

COMAR text of Maryland's resource rules for aged, blind and disabled applicants. It defines fair market value, equity value and home property;

Massachusetts transfer statute: the division imposes a period of ineligibility, consistent with Title XIX, on an institutionalized individual who, or whose spouse, disposes of resources for less than fair market value,…

Massachusetts rule that an individual receiving medical assistance who transfers an interest in real or personal property must notify the division, giving at least the name, identification number, date of transfer and…

Massachusetts exempt income and resources statute: a residence is exempt, but once a medical determination is made that the applicant cannot reasonably return home it becomes countable unless counting it would cause…

Massachusetts domestic workers statute: a domestic worker includes a person paid to care for sick, convalescing and elderly individuals in the home (excluding personal care attendants in the MassHealth program), and an…

Massachusetts rule that a conservator may, without court authorization, spend income or principal for the support, care and benefit of the protected person and dependents with regard to the size of the estate and the…

Agreements requiring a signed writing text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

MassHealth financial eligibility regulation, including the asset limit and asset reduction, countable and noncountable assets, long-term care treatment of a married couple's assets (520.016), transfers of resources and…

The April 6, 2026 communication directs use of a $420.67 daily divisor for cases received on or after April 1, 2026 and recalculation of pending cases using the former $402.74 divisor;

Defines "qualified applicant" and the eligibility groups, including in paragraph (15)(b) that a person who within 36 months, or 60 months for transfers into a trust, of applying for nursing facility, institutional or…

The principal has the power to direct, in the power of attorney or in a separate written compensation agreement, whether the attorney-in-fact is to be compensated, how compensation is calculated and when it is paid.

A power of attorney does not authorize the agent to make gifts of the principal's property unless the instrument expressly says so; a broad general grant is not enough.

Department of Human Services publication of the entire Medicaid Only chapter (current through 57 N.J.R. No. 12, June 16, 2025), far over 50,000 characters and held as a link.

Where a separate guardian of the estate is appointed, the guardian of the person is entitled to reasonable reimbursement and fees for services and for room and board furnished to the ward if agreed with the guardian of…

Official Division of Medical Assistance and Health Services communication: quoting 42 U.S.C.

A guardian of the person acts only to the extent adjudicated, with due regard to the ward's known preferences, and, consistent with the court's order, establishes the ward's abode, visits at least every three months or…

The attorney-in-fact owes a fiduciary duty to the principal, and to the guardian of the principal's property if the principal has been adjudicated incapacitated, to act within the powers delegated and solely for the…

Official Division of Medical Assistance and Health Services checklist: lists income and ownership documents to submit, including documents for anything owned in the last five years, special needs trusts, ABLE accounts,…

An agent who has accepted appointment must act according to the principal's instructions or, where there are none, in the principal's best interest, avoid conflicts, keep the principal's property separate, keep a record…

In a statutory short form power of attorney, authority over "personal and family maintenance" lets the agent maintain the customary standard of living of the principal's spouse, children and other dependents, provide…

A principal may modify the statutory short form by adding language in the Modifications section that supplements or limits the standard authority, and the form remains a statutory short form for the mandatory-acceptance…

An employer of a domestic worker as defined in Labor Law 2(16) may not require more than forty hours of work a week, or forty-four for a domestic worker who lives in the employer's home, unless overtime is paid at one…

Definitions for the Labor Law: "employee" means a mechanic, workingman or laborer working for another for hire;

Consistent with the person's limitations, wishes and the least restrictive intervention, the court may authorize the guardian to manage property, support the person and dependents, and transfer part of the person's…

Text of New York's Medicaid eligibility section (about 143,000 characters, so held as a reference).

Supplement A to the Access NY Health Care application, as HRA links it (the copy read is marked DOH-4495A 2/10; confirm the current revision).

Contract writings, modification and scope restrictions text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

Among other employers covered, every person employed as a domestic worker as defined in Labor Law 2(16) must be allowed at least twenty-four consecutive hours of rest each calendar week, and may voluntarily agree to…

Makes an institutionalized individual ineligible for nursing facility, nursing facility equivalent and HCBS waiver services if the individual or spouse disposes of assets (all income and resources, including amounts…

Defines the long-term care terms used in Chapter 5160:1-6, including the restricted Medicaid coverage period, the special income level (300 percent of the SSI payment standard), the personal needs allowance, transfer…

General definitions for Ohio Medicaid eligibility, including fair market value as the going price at the time of the transfer or contract of sale for which real or personal property can reasonably be expected to sell on…

A transfer for less than fair market value by an institutionalized individual or spouse on or after the look-back date, sixty months before the baseline date, is presumed improper and produces a restricted Medicaid…

Computes the restricted Medicaid coverage period by dividing the total improperly transferred value (after any initial prorated partial month) by the monthly average private pay rate for Ohio nursing facility services,…

The duties an accepted agent owes regardless of the document, including good faith, acting within scope and according to the principal's reasonable expectations, plus default duties including record-keeping.

An institutionalized individual is not subject to a restricted Medicaid coverage period that would deprive the individual of medical care endangering health or life, or of food, clothing, shelter or other necessities;

Official Department of Human Services guidance: applicants apply through COMPASS or the county assistance office;

Regulation text: an institutionalized individual (or HCBS waiver recipient) who, or whose spouse, disposes of assets for less than fair market value on or after the look-back date is ineligible for nursing facility care…

Nine express-authority categories with trust cross-reference exceptions, contrary-instrument limits, agent-benefit restrictions and separate gift/disclaimer rules.

Statement of policy: for applications on or after March 3, 2007, the look-back for transfers on or after February 8, 2006 is 60 months;

Regulation text: when the Department presumes a transfer was made to qualify, the individual is notified in writing of the right to rebut within 15 days of mailing, and must then present verification and convincing…

Regulation text: an individual ineligible under §§ 178.104 and 178.105 remains ineligible until the presumption is successfully rebutted at a prehearing conference, hearing or through a court order, the property is…

The mandatory duties an accepted agent owes no matter what the document says: act on the principal's reasonable expectations or best interest, in good faith, and only within the granted scope.

Absent a contrary provision, the agent gets reasonable compensation for responsibilities actually assumed and performed, plus reimbursement of actual expenses.

Regulation text: defines the terms used in Chapter 178, including fair market value (the price property can be expected to sell for on the open market in its geographic area), fair consideration (compensation in cash or…

Regulation text: the Department permanently waives its claim on the decedent's primary residence for a person who continuously lived there at least 2 years before nursing facility services (or during HCBS), has no…

Measures a penalty by uncompensated value (fair market value less compensation received) and allows compensation only under an agreement made on or before the transfer date exclusively for purposes other than Medicaid…

Sets the Texas transfer penalty divisor as a daily private-pay rate of $262.37 for case actions disposed on or after Sept.

The fiduciary duties a Texas agent owes, including loyalty and record-keeping. Do not draft a clause purporting to waive them.

Applies transfer of assets policy to people in institutional settings or receiving HCBS waiver services (not to mandatory MEPD groups or Medicare Savings Programs), looks back from the later of institutionalization or…

Lists transfers of any asset, including the home, that carry no penalty under pre- and post-DRA policy: to or for the sole benefit of a spouse; to a child disabled under SSA criteria or a trust solely for that child;

Sets the look-back at 60 months from the later of institutionalization or the Medicaid application (or program transfer request) for transfers on or after Feb.

For applications or program transfer requests received on or after Oct. 1, 2006 involving transfers on or after Feb.

Three duties bind an agent who has accepted appointment no matter what the instrument says: act according to the principal's reasonable expectations to the extent actually known and otherwise in the principal's best…

Absent a broader express grant, the agent's gift authority is capped at the federal annual exclusion per donee, doubled with spousal consent, and gifts must fit the principal's known objectives and care needs.

Agreements requiring a signed writing text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

For medical assistance, assets include all income and resources of the individual and spouse, including amounts they are entitled to but do not receive because of action by either of them, a court or other person acting…

Undue hardship exists when applying the transfer penalty would endanger the individual's health or life or deprive the individual of food, clothing, shelter or other necessities;

Text of the Department of Medical Assistance Services transfer rule, read through the page reader because the publisher's section page carries more than one body block.

Official DMAS eligibility manual chapter on long-term care (about 720,000 characters, so held as a reference).

Every person 18 or older of sufficient earning capacity or income, after reasonably providing for his or her own immediate family, has a joint and several duty to assist in supporting a parent in necessitous…