Why Delaware is different

  • Brand-new statutory TOD deed — effective for deeds where the owner dies on or after December 4, 2025, the deed is revocable, nontestamentary, and doesn't jeopardize public-assistance eligibility during the owner's lifetime.
  • Mandatory managed care through DSHP-Plus — nearly all HCBS waiver programs for older adults and people with physical disabilities (other than the Division of Developmental Disabilities Services waiver) were folded into DSHP-Plus effective April 1, 2012.
  • Miller Trust option for income above the cap — Delaware's income-qualifying trust can exclude income over the Medicaid limit when properly structured and administered.
  • Estate recovery ties to Delaware's probate code — the state defines the recoverable estate by reference to Title 12, Chapter 19 of the Delaware Code, its probate law, rather than spelling out every non-probate asset type by name.
  • A TOD deed can still face a claim after death — Delaware's TOD statute lets the estate pursue an allowed claim against TOD property if the probate estate falls short, and gives the estate eight months after death to start that proceeding.

Delaware at a glance

Individual resource limit
$2,000
Couple resource limit
$3,000
Individual LTC income standard
$2,485/month before the $20 disregard
Home-equity limit
$752,000
Community-spouse resource allowance range
$32,532–$162,660
Nursing-facility personal-needs allowance
$75/month
Look-back period
60 months
2026 transfer penalty divisor
$13,378.33/month

Which situation matches yours?

If this is your situationStart here
Care Needed NowA hospital discharge or facility decision is imminent, or home care has already started.
Care Within 1-3 YearsA recent diagnosis or fall has made the timeline real even though care isn't needed today.
Planning AheadNo crisis yet — just the recognition that long-term care is a matter of when, not if.
Veteran or surviving spouse of wartime serviceAdds a federal pension benefit on top of whatever the Situation and State rows point to.
Owns significant home equityThe home is usually exempt during life but affects estate recovery and private-pay runway.
Already has LTC insurance or a hybrid policyExisting coverage is usually the first dollar spent, with other pillars becoming supplemental afterward.

The 10 funding pillars in Delaware

Every pillar below has its own dedicated Delaware page with the current rules, dollar figures, and what to do next.

Medicaid Program

Delaware Medicaid Long-Term Care

How DMMA delivers nursing-facility and community long-term services through Delaware Medicaid and DSHP-Plus.

Financial Eligibility

Delaware Medicaid Asset Limits

Delaware's 2026 resource, income, home-equity, and community-spouse standards for long-term care.

Look-Back & Penalties

Delaware Medicaid Look-Back Period

Delaware applies a 60-month transfer review and a 2026 penalty divisor of $13,378.33 per month.

Asset Protection Tool

Delaware Transfer-on-Death Deed

Delaware's new statutory TOD deed is revocable and preserves public-assistance eligibility during life, but it is not a substitute for recovery analysis.

Estate Recovery

Delaware Medicaid Estate Recovery

Delaware defines the recoverable estate by reference to its probate law and publishes specific recovery exceptions and hardship-waiver standards.

Nursing Home Coverage

Delaware Nursing Home Medicaid

Delaware's Nursing Facility Program requires medical and financial eligibility, with a $75 monthly personal-needs allowance.

Home & Community Care

Delaware Home Care Medicaid

DSHP-Plus is Delaware's mandatory managed long-term-services program for older adults and people with physical disabilities, alongside the DDDS Lifespan Waiver.

Planning Ahead

Delaware Long-Term Care Planning

Delaware planning combines a 250%-of-SSI income cap, Miller Trust option, five-year transfer review, probate recovery, and a family-support statute.

VA Benefits

Delaware VA Aid & Attendance

Federal Aid and Attendance can sit beside Delaware Medicaid; the state has one 144-bed Veterans Home and a disabled-veterans school-tax credit.

LTC Insurance

Delaware Long-Term Care Insurance (*)

The Delaware Department of Insurance regulates LTC insurance, and its current published carrier list includes Partnership plans for sale.

Participates in the State Long-Term Care Partnership Program.

See what LTC insurance could mean for your Delaware plan

A policy in place before care is needed can change every one of these pillars in your favor. Get a free, no-obligation quote.

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