Caregiving in Delaware— the questions adult children actually ask.

No. Delaware repealed its state estate tax effective January 1, 2018 (HB 16, 2017 session) and has never imposed a state-level inheritance tax. Federal estate tax still applies to estates above the federal exemption (approximately $13.99M per individual in 2025; subject to scheduled adjustments). For most Delaware families, this means estate planning is about probate avoidance and incapacity planning, not state-level tax reduction.

Delaware applies the standard SSI-based asset limit for long-term care Medicaid: $2,000 in countable resources for a single applicant. The primary home is exempt up to the federal $752,000 equity cap (2026). One car of any value is excluded. A community spouse can retain up to the federal maximum CSRA (approximately $157,920 in 2026 — confirm with DMMA at application). Delaware does not impose materially stricter rules than the federal floor.

DSHP+ is Delaware's managed long-term services and supports program, launched in 2012. Instead of paying for long-term care through traditional fee-for-service, Delaware contracts with managed care organizations (Highmark Health Options and AmeriHealth Caritas Delaware) to coordinate both medical care and long-term services for Medicaid LTC enrollees. Once your parent is approved for Medicaid LTC and meets the level-of-care threshold, they enroll in a DSHP+ plan; the plan authorizes home- and community-based services, nursing-home placement, or assisted-living options.

Yes, generally — through Delaware's Medicaid HCBS waiver, available within DSHP+, which permits Consumer Directed care arrangements. Once your parent is approved for Medicaid LTC and assessed as needing personal care services, the DSHP+ plan can authorize a family member (other than a spouse, who is excluded under most state Medicaid rules) to be hired and paid. Hourly rates are set by the managed care organization and typically fall in the range of $14-$20/hour in 2026. specific rate with your assigned DSHP+ plan.

Delaware has been a leading jurisdiction for trust law for over 200 years. The Delaware Court of Chancery (established 1792) is a specialized equity court with deep precedent on trust administration; Delaware's Qualified Dispositions in Trust Act (12 Del. C. §3570 et seq.) authorizes self-settled asset protection trusts; Delaware has no rule against perpetuities for personal-property trusts (allowing true dynasty trusts); and Delaware allows directed trusts that separate investment, distribution, and administrative duties. Even families who don't live in Delaware sometimes establish Delaware-situs trusts through a Delaware trustee for these advantages. Consult a Delaware-admitted attorney before establishing such a trust.

Call Delaware Adult Protective Services at 1-800-223-9074 (the Delaware Aging and Disability Resource Center, which routes APS reports). Reports can be made 24/7. Title 31, Chapter 39 of the Delaware Code (the Adult Abuse, Neglect, Exploitation reporting statute) defines mandatory and permissive reporters. For immediate danger, call 911 first. Reports may be made anonymously, and reporters acting in good faith have immunity from civil liability.

Yes. Delaware permits a small-estate affidavit procedure under 12 Del. C. §2306 for estates with personal property valued under approximately $30,000 (excluding the surviving spouse's allowance). For larger estates, formal probate through the Register of Wills in the county where the decedent resided is required. Many Delaware families use revocable living trusts to keep assets out of probate entirely. the current small-estate threshold with the Register of Wills, as the threshold is statutory and subject to legislative updates.

Delaware assisted living runs close to the national median, with monthly costs approximately $5,500-$6,500 for a private one-bedroom in 2024 dollars (Genworth Cost of Care Survey). Wilmington and the northern Delaware corridor are typically more expensive than Sussex County. Memory care adds approximately 25-40% on top of standard assisted living. Delaware has approximately 70 licensed assisted living facilities statewide, regulated by the Delaware Division of Health Care Quality.

Yes — Delaware enacted the Healthy Delaware Families Act in 2022, with payroll contributions beginning January 1, 2025 and benefits beginning January 1, 2026. The program provides up to 12 weeks of paid leave for parental, medical, and family caregiving needs, including care for a parent with a serious health condition. Benefits replace a percentage of weekly wages, capped at a state-set weekly maximum. Employer participation depends on employer size; small employers may be exempt or have phased participation. current benefit amounts and employer thresholds with the Delaware Department of Labor.

Generally yes. Delaware enacted the Delaware Durable Personal Power of Attorney Act (12 Del. C. §49A) in 2010, which adopts much of the Uniform Power of Attorney Act and provides for recognition of out-of-state POAs that were validly executed where signed. However, Delaware banks and brokerages may scrutinize older or unfamiliar POA forms, and Delaware-specific drafting (especially for gifting powers and digital-asset access) is recommended for any parent now residing in Delaware. A Delaware-licensed attorney can review or replace an existing POA for typically $250-$500.