Can Family Member Qualify as Live-In Aide?
Q I read in a past issue that a live-in aide cannot be a family member of the resident. We are a Section 202/8 elderly property. I asked our contract administrator about this, and she told me that a live-in aide can be a family member. Can you clear this up for me?
A HUD Handbook 4350.3, Change 3 revised the requirements for a live-in aide in Chapter 3, paragraph 3-6.E.3. A live-in aide is a person who resides with a disabled resident for the sole purpose of providing supportive services to that resident. The aide must be essential to the care and well-being of the resident, may not be obligated for the support of the resident, and would not live in the unit were it not for the needs of the resident.
A site owner must verify the need for the aide. The verification must be obtained from the resident's physician, psychiatrist, or other medical practitioner or health care provider. The aide will qualify for occupancy only as long as the tenant requires the aide's services and remains a tenant. The live-in aide may not qualify for continued occupancy as a remaining family member.
The Handbook specifically states that a relative may be considered to be a live-in aide if he has met the outlined requirements, especially the requirement that he has no privileges as a remaining family member [par. 3-6.E.3.a.(3)].
The only family member who generally cannot be a live-in aide is a spouse, since he or she usually has a financial obligation to the household. But unless there is an obligation to provide financial support, a family member may be a live-in aide.
A.J. Johnson: President, A.J. Johnson Consulting Services, Inc.; (757)259-9920; http://www.ajjcs.net.
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