Delaware Attendant Services Program: Can Family Be Paid? (2026)
For Delaware families caring for an adult relative with a disability, the Delaware Attendant Services Program lets that relative hire and manage their own paid in-home attendant.
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Brevy Care Team
6 min read · Published October 16, 2026 · Last verified October 16, 2026
For Delaware families caring for an adult relative with a disability, the Delaware Attendant Services Program lets that relative hire and manage their own paid in-home attendant.delcode.delaware.gov. (n.d.). Delaware Code Title 16, Chapter 94 — Community-Based Attendant Services (delcode.delaware.gov). Retrieved Oct 14, 2026, from https://delcode.delaware.gov/title16/c094/index.html Neither Delaware's Community-Based Attendant Services Act nor the state's program page says whether a family member can be the paid attendant in the Attendant Services Program, so ask the Delaware Aging and Disability Resource Center (ADRC) at 1-800-223-9074 before you plan around it.delcode.delaware.gov. (n.d.). Delaware Code Title 16, Chapter 94 — Community-Based Attendant Services (delcode.delaware.gov). Retrieved Oct 14, 2026, from https://delcode.delaware.gov/title16/c094/index.html,Centers for Medicare & Medicaid Services. (2024). CMS approval of the Delaware Diamond State Health Plan section 1115(a) demonstration extension, with Special Terms and Conditions (Project No. 11-W-00036/3), approval period July 1, 2024 through December 31, 2028 (Centers for Medicare & Medicaid Services, May 17, 2024). medicaid.gov. Retrieved Sep 29, 2026, from https://www.medicaid.gov/medicaid/section-1115-demonstrations/downloads/de-dshp-ext-appvl-05172024.pdf If your relative qualifies for Medicaid long-term care, Delaware's Diamond State Health Plan Plus (DSHP-Plus) program does let a family member such as an adult child be hired, though whether a spouse can is not stated.Centers for Medicare & Medicaid Services. (2019). Delaware Personal Care Services (PCS) Focused Program Integrity Review, Final Report (January 2019) — CMS Center for Program Integrity (cms.gov). cms.gov. Retrieved Oct 14, 2026, from https://www.cms.gov/medicare-medicaid-coordination/fraud-prevention/fraudabuseforprofs/downloads/defy18.pdf
What Delaware's Attendant Services Program Pays For
Under that law, attendant services make up for what your relative can't manage on their own with daily living, self-care or getting around, at home or in the community. The services it lists include:delcode.delaware.gov. (n.d.). Delaware Code Title 16, Chapter 94 — Community-Based Attendant Services (delcode.delaware.gov). Retrieved Oct 16, 2026, from https://delcode.delaware.gov/title16/c094/index.html
cleaning, laundry, shopping and chores
transportation, escort, and help with written, oral and electronic communication
help with bill paying and money management, planning activities and decision-making
transfers to and from a bed, wheelchair or vehicle
help with routine bodily functions
DSAAPD's own page adds help with getting dressed, bathed or moving around, preparing meals and doing household tasks, and communicating or getting to work.delcode.delaware.gov. (n.d.). Delaware Code Title 16, Chapter 94 — Community-Based Attendant Services (delcode.delaware.gov). Retrieved Oct 16, 2026, from https://delcode.delaware.gov/title16/c094/index.html
Does Your Relative Qualify for the Attendant Services Program?
For the Attendant Services Program, DSAAPD says your relative must be 18 or older, have a disability, and meet financial and functional eligibility.delcode.delaware.gov. (n.d.). Delaware Code Title 16, Chapter 94 — Community-Based Attendant Services (delcode.delaware.gov). Retrieved Oct 14, 2026, from https://delcode.delaware.gov/title16/c094/index.html
For Delaware's Attendant Services Program, state law defines an eligible participant as a Delaware resident with a severe, chronic mental or physical disability that keeps them from, or seriously limits them in, daily living, self-care or mobility. Under Delaware's Community-Based Attendant Services Act, chronic means a medically determinable impairment expected to last at least 12 months. That isn't the whole test: the Act leaves it to the state to clarify program eligibility, so DSAAPD's age, financial and functional rules still apply.delcode.delaware.gov. (n.d.). Delaware Code Title 16, Chapter 94 — Community-Based Attendant Services (delcode.delaware.gov). Retrieved Oct 16, 2026, from https://delcode.delaware.gov/title16/c094/index.html
Can a Family Member Be the Paid Attendant in Delaware?
The answer isn't written down: neither the Community-Based Attendant Services Act nor DSAAPD's program page says whether a relative can be the paid attendant.delcode.delaware.gov. (n.d.). Delaware Code Title 16, Chapter 94 — Community-Based Attendant Services (delcode.delaware.gov). Retrieved Oct 14, 2026, from https://delcode.delaware.gov/title16/c094/index.html
Your relationship
Can you be the paid attendant?
Adult child
Ask the program
Spouse
Ask the program
Relative who lives with them
Ask the program
Guardian or appointed representative
Ask the program
In the Attendant Services Program, your relative can act through a guardian or appointed representative, but Delaware's Community-Based Attendant Services Act doesn't say whether that person can also be paid as the attendant. The Act leaves the rules that disqualify someone from being an attendant to state regulations.delcode.delaware.gov. (n.d.). Delaware Code Title 16, Chapter 94 — Community-Based Attendant Services (delcode.delaware.gov). Retrieved Oct 14, 2026, from https://delcode.delaware.gov/title16/c094/index.html So when you call, ask directly: "Can my relative hire me, their daughter (or spouse), as their paid attendant?" If not, the Medicaid route below may still work for an adult child.
How the Attendant Services Program Works
Your relative is the employer. Delaware's law requires the program to offer training that helps a participant take on that employer role.delcode.delaware.gov. (n.d.). Delaware Code Title 16, Chapter 94 — Community-Based Attendant Services (delcode.delaware.gov). Retrieved Oct 16, 2026, from https://delcode.delaware.gov/title16/c094/index.html
Hours aren't a fixed number. The care follows a written individualized service plan, based on a needs assessment, that spells out the nature, frequency and financial side of each service. The sources we cite state no hours cap.delcode.delaware.gov. (n.d.). Delaware Code Title 16, Chapter 94 — Community-Based Attendant Services (delcode.delaware.gov). Retrieved Oct 16, 2026, from https://delcode.delaware.gov/title16/c094/index.html
Your relative may owe part of the cost: Delaware's Community-Based Attendant Services Act requires an income-based sliding fee schedule for the Attendant Services Program, but the sources we cite don't list the amounts, so ask what your relative would pay. The state carries out these duties "within the limits of appropriations and other available funds," so it's also fair to ask whether there's a wait.delcode.delaware.gov. (n.d.). Delaware Code Title 16, Chapter 94 — Community-Based Attendant Services (delcode.delaware.gov). Retrieved Oct 16, 2026, from https://delcode.delaware.gov/title16/c094/index.html
Delaware's Community-Based Attendant Services Act requires a criminal background check at state expense for every Attendant Services Program attendant, plus checks of the sex offender registry and of abuse, neglect, mistreatment and financial exploitation registries. Anyone seeking to be an attendant in the Attendant Services Program must share the information needed for a Delaware and federal criminal history report, fingerprints included.delcode.delaware.gov. (n.d.). Delaware Code Title 16, Chapter 94 — Community-Based Attendant Services (delcode.delaware.gov). Retrieved Oct 16, 2026, from https://delcode.delaware.gov/title16/c094/index.html
What Attendant Pay Looks Like in Delaware
Typical pay: about $16.50 an hour (estimate based on BLS home care aide wages in Delaware, May 2025). That's a wage estimate for the occupation, not a rate any program pays a family caregiver.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 Ask the program what it pays an attendant.
If Your Relative Qualifies for Medicaid Long-Term Care
Diamond State Health Plan Plus (DSHP-Plus) is Delaware Medicaid's managed care program for long-term care for residents who are elderly or physically disabled, and attendant care directed by the member is one of its benefits.Centers for Medicare & Medicaid Services. (2024). CMS approval of the Delaware Diamond State Health Plan section 1115(a) demonstration extension, with Special Terms and Conditions (Project No. 11-W-00036/3), approval period July 1, 2024 through December 31, 2028 (Centers for Medicare & Medicaid Services, May 17, 2024). medicaid.gov. Retrieved Sep 29, 2026, from https://www.medicaid.gov/medicaid/section-1115-demonstrations/downloads/de-dshp-ext-appvl-05172024.pdf Delaware Medicaid's 2020 managed care contract says DSHP-Plus members who self-direct can hire a neighbor, friend or family member as the attendant, so an adult child can be paid. The sources don't say whether a spouse can be paid, so a spouse should ask DSHP-Plus directly. Under DSHP-Plus, a representative who directs your relative's services can't also be the paid attendant.Centers for Medicare & Medicaid Services. (2019). Delaware Personal Care Services (PCS) Focused Program Integrity Review, Final Report (January 2019) — CMS Center for Program Integrity (cms.gov). cms.gov. Retrieved Oct 14, 2026, from https://www.cms.gov/medicare-medicaid-coordination/fraud-prevention/fraudabuseforprofs/downloads/defy18.pdf
How to Apply for Delaware's Attendant Services Program
1
Step 1
Call the ADRC at 1-800-223-9074
and ask about the Attendant Services Program.Centers for Medicare & Medicaid Services. (2024). CMS approval of the Delaware Diamond State Health Plan section 1115(a) demonstration extension, with Special Terms and Conditions (Project No. 11-W-00036/3), approval period July 1, 2024 through December 31, 2028 (Centers for Medicare & Medicaid Services, May 17, 2024). medicaid.gov. Retrieved Sep 29, 2026, from https://www.medicaid.gov/medicaid/section-1115-demonstrations/downloads/de-dshp-ext-appvl-05172024.pdf
2
Step 2
Ask about financial and functional eligibility
and what the sliding fee would be at your relative's income.delcode.delaware.gov. (n.d.). Delaware Code Title 16, Chapter 94 — Community-Based Attendant Services (delcode.delaware.gov). Retrieved Oct 16, 2026, from https://delcode.delaware.gov/title16/c094/index.html
3
Step 3
Ask whether a family member can be the attendant
, naming your relationship.
4
Step 4
Build the service plan
with the state, based on your relative's needs assessment.delcode.delaware.gov. (n.d.). Delaware Code Title 16, Chapter 94 — Community-Based Attendant Services (delcode.delaware.gov). Retrieved Oct 16, 2026, from https://delcode.delaware.gov/title16/c094/index.html
5
Step 5
Have the attendant complete screening
before starting work.delcode.delaware.gov. (n.d.). Delaware Code Title 16, Chapter 94 — Community-Based Attendant Services (delcode.delaware.gov). Retrieved Oct 16, 2026, from https://delcode.delaware.gov/title16/c094/index.html
Frequently Asked Questions
Can I help plan my relative's attendant services?
Yes, if your relative wants you there. The law says the service plan is prepared jointly by the state and your relative and, at your relative's discretion, other people with special expertise or interest, including family members.delcode.delaware.gov. (n.d.). Delaware Code Title 16, Chapter 94 — Community-Based Attendant Services (delcode.delaware.gov). Retrieved Oct 16, 2026, from https://delcode.delaware.gov/title16/c094/index.html
Will we see the attendant's background check before hiring?
The law provides for a summary. To the extent no other law prohibits it, the state must give the participant a summary report of a prospective attendant's screening results before employment.delcode.delaware.gov. (n.d.). Delaware Code Title 16, Chapter 94 — Community-Based Attendant Services (delcode.delaware.gov). Retrieved Oct 16, 2026, from https://delcode.delaware.gov/title16/c094/index.html
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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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