Portland, OR asked in Estate Planning, Elder Law and Public Benefits for Oregon

Q: How does my mother protect her home from being taken by the state if she is placed in an extended care facility.

Her home is paid off and one adult child lives with her.

1 Lawyer Answer
Theressa Hollis
Theressa Hollis
  • Estate Planning Lawyer
  • Portland, OR
  • Licensed in Oregon

A: The state does not take anyone's home. However, if someone who lives in Oregon receives Medicaid to pay for their long-term care then their estate must repay the State after their death when possible (estate recovery). Since your mother has an adult child who lives with her it is possible that this person may qualify to have your mother's house transferred to them to avoid estate recovery at your mother's death. I recommend that your mother schedule an appointment with an experienced elder law attorney to discuss Medicaid eligibility.

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