Delaware Code Title 25 Sec. 5001 – Definitions
(a) “Department” means the Delaware Department of Health and Social Services.
Terms Used In Delaware Code Title 25 Sec. 5001
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) “Discharge from a long-term care service” means the release of a person from a long-term care facility for the purpose of returning to the home for permanent residence or discontinuance of home and community-based services.
(c) “Estate” means all real property, as well as all personal property which constitutes assets of the individual’s estate as described in Chapter 19 of Title 12.
(d) “Lawfully residing in the home” means residing in the home with the permission of the owner or, if under guardianship, the owner’s legal guardian.
(e) “Long-term care” means a service provided in a long-term care facility or in the home, under federally approved home and community-based services, as an alternative to institutionalization.
(f) “Medical assistance” means payment by the State‘s program under Title XIX of the Social Security Act [42 U.S.C. §§ 1396-1396w-1], or Medicaid Program, administered by the Department.
(g) “Real property” means land, including houses or immovable structures or objects attached permanently to the land. The terms “real estate,” “realty,” and “real property” are used synonymously with one another and designate real property in which an individual has ownership rights and interests.
(h) “Residing in the home on a continuous basis” means using the home as the principal place of residence.