If my elder mother and I are joint tenants of a house, can the government take her share of the house before giving elder care?

This is a classic area where you should meet with an elder law attorney and engage in some planning. In most cases, the home is the single largest asset that the elderly parent owns and is all they really have to pass along to their loved ones. Generally, the home is going to be considered an exempt asset. In other words, the government is not going to take your home before providing your mother with assistance. It varies by state but your mother must intend to return to the home. If your mother does receive governement assistance, then the government will potentialy come after your mother's estate for the amount of benefits they paid during her lifetime. Very often as the single largest asset of the elder, the home becomes the focal point of the state's estate recovery action. It is very common for them to place a lien against the home.

There are a number of strategies and plans that could be available to your mother to protect the home. These strategies are generaly state specific so you should consult an elder law attorney in your area. The sooner the better.