When family members are hired as the personal assistant under the CDPAP, ask the following questions:
- Are the consumer and the personal assistant related?
- If yes, do they live in the same residence? If the answer is yes, be advised that the provision of CDPAP could still be allowed.
The parent of a child younger than 21 cannot be that child´s aide nor can the spouse of a consumer be that consumer´s personal assistant. A consumer´s designated representative, regardless of the consumer´s age, cannot be that consumer´s personal assistant.
Living in the same home with the consumer does not disqualify a family member from being selected and hired as a personal assistant. Whether the consumer is self-directing or not is irrelevant. Provisions for the CDPAP have always allowed otherwise eligible family members to provide care while living in the same residence with the consumer. This remains unchanged in light of the April 1, 2016 change to the law.