Medicaid
10
min read

What Disqualifies You From Being a Paid Caregiver Through Medicaid?

Spouse rules, background checks, age, job and Medicaid eligibility can affect whether a family member can be a paid caregiver. See what applies and how to check.
Published on
October 13, 2026
Updated on
October 13, 2026
Reviewed by
Sabrina Peña Young
,
get paid as a caregiver
Givers supports and pays people who are caring for their loved ones.
See If You're Eligible

Most family members who want to get paid through Medicaid are not disqualified. A few specific things can affect eligibility, and most depend on your state and program. They include your relationship to the person, your background check, where you live, and whether you work another job.

Some rules are about the person you care for. They must be on Medicaid and need a certain level of care. Other rules are about you, the caregiver.

This family caregiver guide walks you through what disqualifies you from being a caregiver, if a spouse or power of attorney (POA) can be a paid caregiver, and if you can be a caregiver with a felony. At the end, check your own eligibility in 60 seconds. 

‍Check your eligibility

Key Takeaways

  • Most family caregivers aren’t disqualified. Only a handful of situations affect eligibility.
  • Your family member usually must be enrolled in Medicaid and need help with activities of daily living (ADL) or a nursing-facility level of care (NFLOC). 
  • Each state has different rules regarding spouses. Some Structured Family Caregiving (SFC) programs exclude spouses, like Georgia, while others make an exception.
  • Caregivers must complete a background check. A felony does not automatically disqualify you. Violent felonies and sexual offenses generally disqualify you. In some states, like Ohio, many other offenses only block you for a set number of years.
  • Some programs require you to live with the care recipient and not work another job. But each state program is different. 
  • For almost every program, you must be 18 years old to be a paid caregiver. Only a few programs have a lower minimum age exception.
  • You generally do not need a CNA or HHA certification to be a paid family caregiver.
  • Always check your eligibility. Don’t assume the door is closed.

What actually disqualifies you from being a paid caregiver?

Most family caregivers are not disqualified. Eligibility comes down to two tests.

Test 1: the person you care for. They must be enrolled in Medicaid. They must also need help with daily activities, or need a nursing-facility level of care.

Test 2: you, the caregiver. Your age, background check, relationship to the person, living arrangement, and job can all matter. Each one depends on your state and program.

Always check your eligibility, even if you think you don’t qualify. Each state has different rules, so you may qualify.

The care recipient must be on Medicaid and need care

You can’t get paid as a family caregiver yet if your family member isn’t enrolled in Medicaid or doesn’t have a functional need. Your family member needs help with activities of daily living like dressing, mobility, eating, or bathing, or requires a nursing facility level of care. In other words, they can't safely manage at home on their own.

Structured Family Caregiving is a Medicaid program that pays a family member or friend who lives with the person to give daily care.

Some states, like Georgia, require your family member to meet an a nursing facility level of care (NFLOC) to be approved for Home and Community Based Services Medicaid waivers. Medicaid may look at:

  • Mobility: Can they walk, go to the bathroom, or transfer from wheelchair to bed safely?
  • Hygiene: Can they dress or bathe themselves independently?
  • Eating: Can they feed themselves, swallow safely, or use utensils?
  • Continence: Can they get to the toilet in time, transfer from wheelchair to toilet, or clean themselves? 

If your family member isn't on Medicaid yet, they can apply. If their income or assets are too high, some states let them "spend down" to qualify. Rules and look-back periods vary by state, so check with your state Medicaid agency before spending anything. See if your family member may qualify.

FIND SUPPORT NOW

Who are you caring for?

Can a spouse be a paid caregiver?

Sometimes a spouse can be paid as a caregiver if your state program allows it. Some Medicaid self-directed programs pay spouses in specific cases. Self-directed means the person getting care, or their representative, chooses and manages their own caregiver (Medicaid.gov). Structured Family Caregiving may exclude spouses in some states. Many states limit which family members can be paid, and spouses are often left out (Health Affairs Scholar, 2025).

Can a spouse be paid as a caregiver in Georgia?

A spouse can't be paid as a caregiver through Structured Family Caregiving in Georgia. Georgia considers spouses "legally responsible individuals" who have a legal duty to care for their spouse without Medicaid funding. Georgia's program also generally requires the caregiver to be a relative.

Can a spouse be a paid caregiver in Ohio?

Yes, in Ohio a spouse can be a paid caregiver. Spouses are regularly approved. Your relationship to the person generally isn't a factor in approval. Ohio caregivers also don't need to be related by blood.

"In Ohio, spouses are very common, and they've never raised an issue for any caregiver we've worked with," says Ariel, Sabion at Givers. "The 'certain circumstances' idea sounds scarier than it is in practice."

Can a spouse be a paid caregiver in Connecticut?

The Connecticut Medicaid Adult Family Living (AFL) program doesn't pay a spouse because of the "legally responsible relative" rule. Adult Family Living pays a caregiver who lives with the person to give daily care.

Can a spouse be a paid caregiver in Michigan?

It depends on the program in Michigan: the Home Help Program and the Michigan Choice Waiver have different rules for spouses. The Michigan Home Help Program does not pay a spouse for caregiving. Michigan has proposed a change to its MI Choice waiver that may allow paid spouse caregivers. That change is not live yet, so check with your state program for the current rule.

Even if your state doesn’t pay a spouse for caregiving, most Medicaid programs may pay another family member or friend. Work with an eligible family member to coordinate a care plan. 

Check your eligibility now.

Can you be a paid caregiver if you have a felony or criminal record?

Medicaid requires a background check, and some criminal offenses can disqualify you from paid caregiving. A felony or criminal record doesn’t automatically disqualify you as a caregiver, especially if it is a past nonviolent offense. Many states review older, nonviolent offenses on a case-by-case basis. In most states, violent felonies and sexual offenses generally lead to automatic disqualification even if they happened years ago. 

How Ohio handles past offenses

Ohio sorts disqualifying offenses into tiers. Most carry an exclusionary period of five, seven, or ten years. The clock starts when you are fully discharged from prison, probation, and parole. It does not start on your conviction date. Once that period passes, the offense no longer blocks you.

Only the most serious offenses carry a permanent bar. Most of these are violent crimes against people. The list also includes some non-violent felonies, like Medicaid fraud.

"The record people worry about most is a non-violent offense that's already past the exclusionary period," says Ariel Sabillon at Givers.

How Georgia handles past offenses

For example, the Georgia Department of Community Health (DCH) reviews past criminal convictions as part of Georgia’s fingerprint-based background check. In general, violent felonies and sexual offenses disqualify you in Georgia, no matter how old the crime.

Who was harmed matters

Programs look closely at who was harmed. An offense against an older adult or someone in your care, like abuse or fraud, is more likely to disqualify you. Because a caregiver is often entrusted with sensitive information and the well-being of a senior, these types of offenses may disqualify you.

"When a past offense isn't an automatic disqualifier, we ask the caregiver to explain what happened," says Mojeed Olaogun at Givers. "We need to make sure the offense didn't involve an older adult."

Can a power of attorney (POA) be a paid caregiver?

A POA can be a paid caregiver, but Medicaid will look at you closely for a conflict of interest. There are real concerns about the same person signing decisions and also being paid. Some state programs have specific rules about whether a POA can be a paid caregiver. They may require a written agreement or care plan. Check your eligibility with your state program. This guide is general information and not legal advice. For your situation, talk to an elder law attorney.

Can you be a paid caregiver if you live with the person you care for?

In most cases, you can be a paid caregiver if you live with the person you care for. Living together doesn’t automatically disqualify you from being a paid caregiver. Structured Family Caregiving programs generally require that the caregiver and care recipient live in the same home. Some programs, like an hourly personal care service, don’t require caregivers to live in the same home. Where you live can change which program fits you.

Can you be a paid caregiver if you already work another job?

It depends on the program. Some programs, including SFC in many states, expect caregivers to work full-time without an outside job. Caregivers can’t have outside employment under Structured Family Caregiving. If you already work another job, you may fit an hourly program instead. Find out what program works best for you. 

How old do you have to be to be a paid caregiver?

In almost all states, the minimum caregiver age requirement is 18 to be a paid caregiver. Connecticut allows caregivers as young as 16 to be a paid caregiver under Connecticut’s self-directed Community First Choice Program and has extra rules. SFC and most self-directed Medicaid programs require the paid caregiver to be 18 or older. 

If you are under the minimum caregiver age requirement, an adult household member may enroll instead.

What if none of these apply to you?

In many cases, you can be a paid caregiver if your family member is on Medicaid and needs the care, and you are an eligible relative without a criminal background. Most caregivers concerned about losing benefits find that the caregiving pay is a much higher amount. Always check your own money situation and eligibility before making a decision. 

FIND SUPPORT NOW

Can you get paid to care for your loved one?

woman smiling

Frequently Asked Questions: What disqualifies you from being a paid caregiver?

Can you be a paid caregiver and have another job?

Some programs, like Structured Family Caregiving, require caregivers to work full-time without working somewhere else. If you already have a job, you can choose caregiving with an hourly program instead. 

Does the person I care for have to be on Medicaid for me to get paid?

Yes. Your care recipient needs to be enrolled in Medicaid and need personal care for you to get paid. Some programs require that your care recipient needs a Nursing Facility Level of Care, and others just look at your relative’s ability to complete basic ADLs safely and independently. Each state program has different requirements. If your family member isn’t enrolled in Medicaid, start the application process. 

Can I be my parent's power of attorney and their paid caregiver?

In some cases, a POA can be a paid caregiver. However, Medicaid will most likely review your case for conflicts of interest and may require a written personal care plan or agreement. 

What disqualifies you from being a paid caregiver through Medicaid?

Your relationship to the care recipient, age, criminal background, current job, or POA status may disqualify you from being a paid caregiver. However, each case is different, so always check your eligibility. Disqualification is not automatic in most cases.

How old do you have to be to be a paid caregiver? 

In almost all states, the minimum caregiver age requirement is 18 to be a paid caregiver. Connecticut allows caregivers as young as 16 under Connecticut's self-directed Community First Choice Program with extra standards for 16 and 17 year olds (Conn. Agencies Regs. § 17b-262-596). Connecticut's Adult Family Living program may still require caregivers to be 18. SFC and most self-directed Medicaid programs require the paid caregiver to be 18 or older.

Does a criminal record disqualify you from being a paid caregiver?

A criminal record doesn’t automatically disqualify you from being a paid caregiver. You can be a caregiver with a felony based on the crime, victim demographic, and when it happened. In general, violent crimes, elder abuse, fraud against an older person, and sexual assault stop you from being a paid caregiver no matter how old the crime. Medicaid will usually approve caregivers with misdemeanors or past non-violent criminal record on a case-by-case basis. You can be a felon and be a caregiver.

Can a spouse get paid to be a caregiver through Medicaid?

Each state has different rules regarding spouses getting paid for caregiving. Some states may exclude spouses from SFC programs or expect a spouse to be “legally responsible” for their care without Medicaid funding. Some programs do pay spouses for caregiving in specific cases. For example, you can usually get paid to be a caregiver in Ohio. 

Share this post
Givers supports and pays people up to $2,000/mo caring for their loved ones.
See if you qualify in 60 seconds.
Check Your Eligibility
get paid

Apply Now

mother daughter