My brother just moved into Mom's house. Is he going to be able to somehow claim "squatter's rights?"

Mom is living with you and you are providing the nedessary care? Your brother moved into Mom's house last year. Was there a reason for that? Is he taking care of any sort of upkeep? Who is Mom's POA? Insurance companies do not like homes to sit empty, rates increase because of the numerous things that can happen when not monitored.

This sounds like the brother should be paying rent that should be saved for Mom's care should her living situation ever need to change. Does he pay the upkeep, utilities, etc. Does he see Mom often? Take her to appointments? Do yard work? Does he do anything to help?

Yes see an elder law attorney to get this situation straightened out for Mom. Do not change the locks, he does have tenants rights and would have to be evicted. And one thing that is difficult for some is what would Mom do? I imagine she has some sort of cognitive issues? Or can she decide what she wants to do? Perhaps the home should be sold if mom will never be returning there.

So your mother's house would otherwise be empty, and has been since her stroke - I'm sorry for that, by the way - last year? When you say he 'just' moved in, when was that? And what prompted it? Have *his* circumstances taken a downturn?

How did he get into the house, did he have a key given him at some point in the past? If so it was probably only intended for mom's benefit, if she needed his help, and not for his benefit. If you are mom's DPOA then you can hire a lawyer and evict him, or force him to pay weekly rent. It may be momentarily ugly when the brother receives notification of eviction or demand for rent payment (and utilities). And it will cost mom some money. But don't let him live there for free.

Not squatter's rights, but probably tenant's rights. Yes, you need an attorney. The exception would be if he'd been there less than thirty days, then I personally would run past an attorney what would happen if I simply changed the locks.

Barby, sorry you've been put in this position. Please listen to jeannegibbs and blannie. The longer he is living there the tougher it gets.

You definitely need to get an attorney involved ASAP, like Jeanne says. Don't try to figure this out on your own. There are big issues at stake and your brother is acting like a jerk. But it's beyond family - it goes to your mom's ability to get care down the road if she needs Medicaid. See an attorney!

Act immediately.

I'd help Mom write him a letter welcoming him to the house and stating what the monthly rent will be and perhaps asking if he wants to pay it once a month or make half-payments twice a month. Establish that he has not been given permission to live there rent-free.

I'd also consult an attorney specializing in Elder Law about the best way to set this up. It may benefit both Mom and Brother to have someone living in the house, but it needs to be set up in a way that does not exploit Mom and will not be an issue in case she ever needs Medicaid.