In Alaska, Community First Choice (CFC) can pay a spouse or court-appointed guardian for personal care through a certified provider, but State Plan Personal Care Services (PCS) cannot pay a spouse.
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Brevy Care Team
9 min read · Published October 15, 2026 · Last verified October 17, 2026
In Alaska, Community First Choice (CFC) can pay a spouse or court-appointed guardian for personal care through a certified provider, but State Plan Personal Care Services (PCS) cannot pay a spouse.akleg.gov. (n.d.). 7 AAC 127.010-127.199, Community First Choice (Alaska Administrative Code, print view) — akleg.gov. Retrieved Oct 14, 2026, from https://www.akleg.gov/basis/aac.asp?media=print&secStart=7.127.010&secEnd=7.127.199,akleg.gov. (n.d.). 7 AAC 125.010-125.199, Personal Care Services (Alaska Administrative Code, print view) — akleg.gov. Retrieved Oct 14, 2026, from https://www.akleg.gov/basis/aac.asp?media=print&secStart=7.125.010&secEnd=7.125.199 Alaska PCS pays a guardian only when a court authorizes it under Alaska Statutes (AS) 13.26.311(c).akleg.gov. (n.d.). 7 AAC 125.010-125.199, Personal Care Services (Alaska Administrative Code, print view) — akleg.gov. Retrieved Oct 14, 2026, from https://www.akleg.gov/basis/aac.asp?media=print&secStart=7.125.010&secEnd=7.125.199 Neither Alaska program's rules say whether another family member, such as an adult child, can be a paid PCA, so ask Alaska's Senior and Disabilities Services to confirm.akleg.gov. (n.d.). 7 AAC 125.010-125.199, Personal Care Services (Alaska Administrative Code, print view) — akleg.gov. Retrieved Oct 14, 2026, from https://www.akleg.gov/basis/aac.asp?media=print&secStart=7.125.010&secEnd=7.125.199,akleg.gov. (n.d.). 7 AAC 127.010-127.199, Community First Choice (Alaska Administrative Code, print view) — akleg.gov. Retrieved Oct 14, 2026, from https://www.akleg.gov/basis/aac.asp?media=print&secStart=7.127.010&secEnd=7.127.199 Alaska's CFC regulations do let the recipient select a recipient's representative to provide personal care if that representative designates a designee.akleg.gov. (n.d.). 7 AAC 127.010-127.199, Community First Choice (Alaska Administrative Code, print view) — akleg.gov. Retrieved Oct 14, 2026, from https://www.akleg.gov/basis/aac.asp?media=print&secStart=7.127.010&secEnd=7.127.199
The Two Programs That Pay a Personal Care Assistant
Personal Care Services (PCS) is a state plan benefit that helps with daily tasks such as bathing, dressing and eating, plus shopping, laundry and light housework. It comes in Agency-Based and Consumer-Directed options; under Consumer-Directed, the person receiving care can choose, hire, supervise and even fire their own personal care assistant.Centers for Medicare & Medicaid Services. (n.d.). Alaska Waiver Factsheet - CMS State Waivers List, Medicaid.gov. medicaid.gov. Retrieved Sep 3, 2026, from https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/Waiver-Descript-Factsheet/AK
Community First Choice (CFC) is Alaska's 1915(k) state plan option. It can include personal care services, personal emergency response systems, case management and chore services. To join Alaska's Community First Choice, a person must meet federal financial and medical rules, including needing the level of care usually provided in an institution, and Alaska says the first step is to contact your local Aging and Disability Resource Center (ADRC) or Developmental Disabilities Resource Connection (DDRC).Centers for Medicare & Medicaid Services. (n.d.). Alaska Waiver Factsheet - CMS State Waivers List, Medicaid.gov. medicaid.gov. Retrieved Sep 3, 2026, from https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/Waiver-Descript-Factsheet/AK
Under the PCS regulations (7 AAC 125), covering both agency-based and consumer-directed care, Alaska Medicaid pays only for care by a personal care assistant who is at least 18 and is not the recipient's spouse, the parent of a minor recipient, a person with a duty to support the recipient under state law, the recipient's representative, or the representative's designee, unless that person is a court-appointed guardian whom a court authorizes to provide personal care.akleg.gov. (n.d.). 7 AAC 125.010-125.199, Personal Care Services (Alaska Administrative Code, print view) — akleg.gov. Retrieved Oct 14, 2026, from https://www.akleg.gov/basis/aac.asp?media=print&secStart=7.125.010&secEnd=7.125.199 SDS states that legally responsible individuals are not permitted to provide State Plan PCS, per the federal Centers for Medicare & Medicaid Services (CMS).akleg.gov. (n.d.). 7 AAC 125.010-125.199, Personal Care Services (Alaska Administrative Code, print view) — akleg.gov. Retrieved Oct 14, 2026, from https://www.akleg.gov/basis/aac.asp?media=print&secStart=7.125.010&secEnd=7.125.199
CFC runs the other way. Under 7 AAC 127.015, CFC personal care may be provided by a legally responsible individual, including the recipient's spouse, the parent of a minor recipient, or a court-appointed legal guardian, if that person is qualified and is employed by a provider certified under 7 AAC 127.050. Alaska Statute 47.07.045(d) directs the state to allow a legally responsible person to provide CFC personal care unless federal law prohibits it. An Alaska CFC personal care assistant must be at least 18 and employed in either a consumer-directed or an agency-based program.akleg.gov. (n.d.). 7 AAC 127.010-127.199, Community First Choice (Alaska Administrative Code, print view) — akleg.gov. Retrieved Oct 14, 2026, from https://www.akleg.gov/basis/aac.asp?media=print&secStart=7.127.010&secEnd=7.127.199
Relationship to the person receiving care
State Plan PCS (7 AAC 125)
Community First Choice (7 AAC 127)
Spouse
No
Yes, employed by a certified provider
Parent of a minor child
No
Yes, employed by a certified provider
Court-appointed guardian
Only if a court authorizes it under AS 13.26.311(c)
Yes, and must appoint a designee
Recipient's representative
No under 7 AAC 125; see the guardian and POA rows
Yes, if the recipient selects them; must designate a designee
Power of attorney
Only with a jointly named co-agent and a designee (SDS memo)
Only with a jointly named co-agent and a designee (SDS memo)
Adult child
Not named; ask SDS
Not named apart from the representative route; ask SDS
Sibling or other relative
Not named; ask SDS
Not named apart from the representative route; ask SDS
PCS excludes the recipient's representative, which Alaska's Medicaid rules define as a parent, guardian, or other individual with legal authority to act for the recipient. The exception to the Alaska PCS bar on representatives is a court-appointed guardian whom a court authorizes under AS 13.26.311(c) to provide personal care.akleg.gov. (n.d.). 7 AAC 125.010-125.199, Personal Care Services (Alaska Administrative Code, print view) — akleg.gov. Retrieved Oct 14, 2026, from https://www.akleg.gov/basis/aac.asp?media=print&secStart=7.125.010&secEnd=7.125.199
Under CFC, a court-appointed guardian can be paid but must appoint a designee, on a department form, to act on the guardian's behalf.akleg.gov. (n.d.). 7 AAC 127.010-127.199, Community First Choice (Alaska Administrative Code, print view) — akleg.gov. Retrieved Oct 14, 2026, from https://www.akleg.gov/basis/aac.asp?media=print&secStart=7.127.010&secEnd=7.127.199
CFC also departs from PCS on representatives. Under 7 AAC 127.115(d), the recipient may select a recipient's representative to provide CFC personal care. That representative must then designate a designee to carry out the responsibilities set out in 7 AAC 127.115(b), and the designee must be at least 18, present in the recipient's community and involved in the recipient's day-to-day care, and willing to manage and evaluate the personal care services as they are provided in the home.akleg.gov. (n.d.). 7 AAC 127.010-127.199, Community First Choice (Alaska Administrative Code, print view) — akleg.gov. Retrieved Oct 14, 2026, from https://www.akleg.gov/basis/aac.asp?media=print&secStart=7.127.010&secEnd=7.127.199
For a power of attorney (POA), SDS's October 15, 2024 Director's Memo allows a recipient's POA to provide State Plan or CFC personal care with limits: under AS 13.26.630 an additional person must be named jointly on the POA documentation, that person cannot be affiliated with a provider agency, and the POA must appoint a designee to carry out the representative's duties. That allowance comes from the SDS memo, not the regulation text.akleg.gov. (n.d.). 7 AAC 125.010-125.199, Personal Care Services (Alaska Administrative Code, print view) — akleg.gov. Retrieved Oct 14, 2026, from https://www.akleg.gov/basis/aac.asp?media=print&secStart=7.125.010&secEnd=7.125.199
Adult Children, Siblings and Live-In Relatives
Alaska's rules don't settle this one. The PCS regulations do not name adult children, siblings or other relatives, either to permit or to exclude them, and they do not bar an assistant who lives with the recipient.akleg.gov. (n.d.). 7 AAC 125.010-125.199, Personal Care Services (Alaska Administrative Code, print view) — akleg.gov. Retrieved Oct 14, 2026, from https://www.akleg.gov/basis/aac.asp?media=print&secStart=7.125.010&secEnd=7.125.199
The open point is Alaska Statute 25.20.030, which says each child is bound to maintain the child's parents when they are poor and unable to work. The Alaska PCS rules exclude anyone with a duty to support the recipient under state law, and don't say whether AS 25.20.030 puts an adult child in the excluded group.akleg.gov. (n.d.). 7 AAC 125.010-125.199, Personal Care Services (Alaska Administrative Code, print view) — akleg.gov. Retrieved Oct 14, 2026, from https://www.akleg.gov/basis/aac.asp?media=print&secStart=7.125.010&secEnd=7.125.199
Apart from legally responsible individuals and a recipient-selected representative, the CFC regulations likewise do not name adult children, siblings or other relatives, either to permit or to exclude them.akleg.gov. (n.d.). 7 AAC 127.010-127.199, Community First Choice (Alaska Administrative Code, print view) — akleg.gov. Retrieved Oct 14, 2026, from https://www.akleg.gov/basis/aac.asp?media=print&secStart=7.127.010&secEnd=7.127.199 Ask SDS, in writing if you can, whether that route or any other fits your family before you start care you expect to be paid for.
Living together brings two limits. PCS won't pay for respite to relieve a household member, family member or caregiver.akleg.gov. (n.d.). 7 AAC 125.010-125.199, Personal Care Services (Alaska Administrative Code, print view) — akleg.gov. Retrieved Oct 14, 2026, from https://www.akleg.gov/basis/aac.asp?media=print&secStart=7.125.010&secEnd=7.125.199 CFC will deny or limit chore time when a live-in immediate family member, duty-holder or caregiver is responsible for those chores, or when the chore worker lives in the same residence.akleg.gov. (n.d.). 7 AAC 127.010-127.199, Community First Choice (Alaska Administrative Code, print view) — akleg.gov. Retrieved Oct 14, 2026, from https://www.akleg.gov/basis/aac.asp?media=print&secStart=7.127.010&secEnd=7.127.199
How Many Hours Can a Family Member Be Paid as a PCA in Alaska?
Hours are set by an assessment, not by who the caregiver is. PCS follows a service level authorization the department sets after assessing the recipient's functional limitations, and the PCS rules state no family-specific weekly cap. PCS is authorized only when assessed needs cannot be met by the recipient's representative, immediate family members, or natural supports, and it doesn't pay for household tasks that are the spouse's responsibility or a duty-holder's.akleg.gov. (n.d.). 7 AAC 125.010-125.199, Personal Care Services (Alaska Administrative Code, print view) — akleg.gov. Retrieved Oct 14, 2026, from https://www.akleg.gov/basis/aac.asp?media=print&secStart=7.125.010&secEnd=7.125.199
Under CFC, regulation 7 AAC 127.015(a)(3) still says a legally responsible individual's services may not exceed 40 paid hours within a seven-day period. SDS's June 27, 2025 Director's Memo says SDS will not enforce that 40-hour limit for CFC personal care and will remove it in the future, because neither CMS nor the 2023 legislation imposed an hourly limit.akleg.gov. (n.d.). 7 AAC 127.010-127.199, Community First Choice (Alaska Administrative Code, print view) — akleg.gov. Retrieved Oct 14, 2026, from https://www.akleg.gov/basis/aac.asp?media=print&secStart=7.127.010&secEnd=7.127.199 If someone quotes you the cap, ask SDS whether it applies to you.
What the Job Pays and How It's Taxed
Typical pay: about $19.11 an hour (estimate based on home care aide wages in Alaska, BLS, May 2025). It is the Alaska median for home health and personal care aides, and it reflects what agencies pay aides, so the program's actual pay may differ.data.bls.gov. (2025). BLS OEWS Profiles, May 2025, 31-1120 Home Health and Personal Care Aides (national estimates). Retrieved Oct 14, 2026, from https://data.bls.gov/oesprofile/?year=2025&major_group=310000&occupation=311120&measure=01&areas=INDUSTRY,STATE,MSA
Can a family member be paid under Alaska's ALI waiver instead?
For some services, but not personal care, which the Alaskans Living Independently (ALI) waiver does not offer. ALI lets an SDS-certified provider employ a relative, meaning someone over 18 related by blood, marriage or adoption who has no state-law duty to support the participant, for services such as respite, adult day, meals and transportation, with limitations. Legally responsible individuals, including a spouse, cannot provide any ALI service, except a court-appointed guardian whom the court explicitly authorizes to provide waiver services.Alaska Department of Health. (1915). Application for a 1915(c) HCBS Waiver: AK.0261.R07.00 (Alaskans Living Independently), effective July 1, 2026 — Alaska Department of Health (health.alaska.gov). health.alaska.gov. Retrieved Oct 14, 2026, from https://health.alaska.gov/media/fk4jgwvm/ali-eff-07012026.pdf
Can a family member who is the paid PCA also be the ALI care coordinator?
No. Alaska's ALI waiver bars the participant's personal care assistant from providing care coordination, along with immediate family members, court-appointed guardians, legally responsible individuals, a power of attorney holder and anyone with a legal duty to support the participant.Alaska Department of Health. (1915). Application for a 1915(c) HCBS Waiver: AK.0261.R07.00 (Alaskans Living Independently), effective July 1, 2026 — Alaska Department of Health (health.alaska.gov). health.alaska.gov. Retrieved Oct 14, 2026, from https://health.alaska.gov/media/fk4jgwvm/ali-eff-07012026.pdf
Can a paid family PCA get ALI respite?
ALI respite is for a primary unpaid caregiver, which Alaska's waiver regulations define as someone who does not receive payment for providing any other services for the recipient. If you are paid as the PCA, ask SDS whether ALI respite can still cover your breaks.Alaska Department of Health. (1915). Application for a 1915(c) HCBS Waiver: AK.0261.R07.00 (Alaskans Living Independently), effective July 1, 2026 — Alaska Department of Health (health.alaska.gov). health.alaska.gov. Retrieved Oct 14, 2026, from https://health.alaska.gov/media/fk4jgwvm/ali-eff-07012026.pdf
Find personalized help working out whether your family member can be hired as an Alaska PCA at brevy.com.
The information on Brevy.com is for educational purposes only and is not a substitute for professional legal, financial, or medical advice. Rules vary by state and program and change frequently. Always verify with the relevant agency or a qualified professional. Brevy is not a law firm, financial advisor, or healthcare provider.
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