My mom had a stroke on top of baseline dementia the 2nd of October, we are in the process of moving her to a home for rehab care. She still has her home and farm homestead in her name. She lives in McLean County KY. How do and can we keep the state from taking her home and farm if she needs to have long term care at this local Rest Home/Rehab. facility???? My family and I live in her home and have had for the past 5 years where we have been taking care of her and the farm. Looking for sound advice to keep from losing the family farm.

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Have you applied yet for Medicaid? Does she have assets other than the house, like retirement savings? If so, you can use this to pay for care and not the house. If there are no assets you will need to apply for Medicaid for her.

To be approved for medicaid (the rules do vary by state but this is in general) you must have less than $2000 cash assets, and can have one exempt home and one exempt car. The car and the home can remain hers as long as she is alive.

Medicaid will place a lien against the house to recoup the money spent on her care but this lien will not be collected until she passes. The house then must be sold, and Medicaid outpay repaid. The remaining money after medicaid is paid is then paid to the heirs of her estate (if the value owed is less than the house value).

However you mention that this is a farm property. Is this by chance a working farm? If this is a working farm there are further protections for the property. In this case it would be best to work with an elder law attorney familiar with how your state handles working farms. It's possible to protect the property as a working farm (as in, income to a business).

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